citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters ... will has since been discovered. (vi) Since probate was granted, a latter Will has been discovered. (vii) Since probate was granted, a codicil has been
entitled to grant
probate.
Section 276 provides the procedure to obtain probate, namely
(1) application for probate .... with the Will annexed,
shall be made ... appoint several executors. Section 227 declares the effect
of probate thus:- Probate of a will when granted establishes
the will from the. death
executors were appointed in each set
of Will (1982 Will).
The executors nominated in MPB's Will were :-
3
1. Smt. Priyamvada Devi Birla ... matter, when there exists two Wills, a person
who can challenge a rival will, will have a caveatable interest
in respect thereof.
37. Mr. Harish
Indian Succession Act, 1925
294. Filing of original Wills of which probate ... administration with Will annexed granted.—
(1) Every District Judge, or District Delegate, shall file and preserve all original Wills, of which probate or letters
Separate probate of codicil discovered after grant of probate.
- If a codicil be discovered after the grant of probate, a separate, probate of that codicil ... accrues to the surviving executor or executors. 12. Effect of probate.
- Probate of a will when granted establishes the will from the death
will. Section 227 deals with
effect of probate. It lays down that probate of a will
when granted establishes the will from the date ... revocation of the grant of probate.
In that matter, the plaintiff alleged that probate was
obtained from the probate court under cover of secrecy
Separate probate of codicil discovered after grant of probate.
- If a codicil be discovered after the grant of probate, a separate, probate of that codicil ... accrues to the surviving executor or executors. 12. Effect of probate.
- Probate of a will when granted establishes the will from the death
conclusive that the court of probate
alone had jurisdiction and is competent to grant
probate to the will annexed to the petition in the
manner ... competent to deal with the probate
proceedings and to grant or refuse probate of the
annexed will. It should keep the original will
cannot be revoked. If a will is genuine, the executor named in the will is entitled to a probate of it and this irrespective ... could not dispose it of by her will. In spite of her will and its probate, the property remains Purushottamlal's if such
further stated that the will is not a valid will and is, therefore, of no effect as the will has not been executed and attested ... will. He further submitted that it is quite clear that the probating of a will shall be necessary only when the will is executed within
