Indian Succession Act,
before the District Court, Bangalore, seeking revocation of
probate granted to Mrs. Mathias on 09.09.1960. It means
that the appellant approached ... probate by
a Competent Court operates as a judgment in rem and once
the probate to the Will is granted, then such probate is good
submission that article 137 is
attracted to a petition for revocation of probate and or letters of administration and such
petition has to be filed ... testamentary department. The Appellant has in the proceedings
for revocation of probate made a bald statement that she was not aware about
the alleged Will
DATED : OCTOBER 14, 2013.
JUDGMENT :
By this petition, petitioners seek revocation of probate granted by
this Court on 3rd July 1980 in favour ... 2013 20:26:20 :::
.. 7 .. 7-MPT-86-13
petition for revocation of probate would commence only from the date of
knowledge of the petitioners
29th April 1884 Haramoni applied for revocation of Probate in the Court of the District Judge of Rajshahye. The case came on for hearing ... opinion that there is no time fixed for an application for revocation of Probate.
22. As regards the second contention, we were referred
Gupta who applied for probate
in 1969 by filing the above Probate Petition. At the time when an
application for probate was made, the Appellant ... Will dated 28 March, 1964. Therefore,
the application for revocation of probate granted on 12 March 1973 of the
Will dated 28 March
Gupta who applied for probate
in 1969 by filing the above Probate Petition. At the time when an
application for probate was made, the Appellant ... Will dated 28 March, 1964. Therefore,
the application for revocation of probate granted on 12 March 1973 of the
Will dated 28 March
prayer for condonation of delay in
filing petition for revocation of probate, case is made out in the petition as to why
there was delay ... revocation. It is submitted
that Article 137 of the Schedule I of the Limitation Act would apply. Since
application for revocation of probate has been
probate being a
judgment in rem, the applicant had deemed knowledge about filing
of the probate case and thus limitation to file the revocation
application ... probate
by a Competent Court operates as a judgment in rem
and once the probate to the Will is granted, then such
probate is good
Therefore, the petitioner sought for grant of probate.
The order granting probate was passed on 15.03.2001
and probate was duly signed on 25.08.2001. The said ... contended that Article 137 has no
application to the proceedings for revocation of probate.
According to him, the case squarely falls under Article
support of the
plea that the petition for revocation of probate not having been filed within three
years from the date of grant of probate ... passed in probate petition granting
probate is order in rem.Petitioner was fully aware of the will,
filing of petition and the probate granted
