section (1) has no application. As a
consequence, a probate will not be required to be obtained by a
Hindu in respect of a will ... learned counsel laying emphasis on the words “as a
consequence, a probate will not be required to be obtained by a Hindu in
respect
estate efficiently and the fact that they
had failed to Probate the will weighed in the minds of the court in vesting
the estate with ... Counsel would submit that once a person establishes his claim to
Probate of Will of the deceased or Letters of Administration as next
Original Petition in OP No.8 of 2005 seeking Probate of the Will
dated 29.06.2000 registered as Document No.85/III/2000, executed by
Late ... which has been filed for grant of Probate of the Will of
C.G.Rajendran, said to have been executed on 29.06.2000 and the Codicil
favour and she has also taken proceedings for grant of probate, the original Will has not been produced in these proceedings. The attestors ... will dated 02.02.1974 will govern the question of succession to the property.
23. In view of the subsequent will dated 02.02.1974, the earlier Wills
which requires probate under Section 57 of the Indian Succession Act is admitted. In the absence of grant of probate the said Will cannot ... This issue relates to the absence of probate to the Will dated 24.12.1986. In view of the categorical prohibition contained under Section
favour and she has also taken proceedings for grant of probate, the original Will has not been produced in these proceedings. The attestors ... will dated 02.02.1974 will govern the question of succession to the property.
23. In view of the subsequent will dated 02.02.1974, the earlier Wills
before this Court for grant of Probate. The Will
along with the Codicil were filed in the said Probate O.P. The 8 th
defendant ... before
this Court in order to Probate the Will and the same was converted into
T.O.S.No.34 of 1982 and Probate
Late Dr.T.Ganapathy. It is also claimed that the Will
refers to another Will dated 22.02.1995, in and by which, the testator had
bequeathed ... plaintiff.
10. In fine, the suit is decreed as prayed for. Probate will be issued to
the plaintiff in respect of the Will dated
that the plaintiffs had given their consent for grant of probate of the will in O.P.No.205 of 1988. In answer ... result of the application for revocation of the probate. However, there will be no order as to costs.
18.11.2016
To
The Additional District Judge, Fast
that the plaintiffs had given their consent for grant of probate of the will in O.P.No.205 of 1988. In answer ... result of the application for revocation of the probate. However, there will be no order as to costs.
18.11.2016
To
The Additional District Judge, Fast
