fictitious Wills.
3.5.8. The petitioner was a resident of Hapur, UP and the
address mentioned in the Will and the probate
petition, namely, 1219, Katra ... title of the property in
question and has sought probate of a forged Will.
Test Cas.No.19/2004 Page
beneficiaries mentioned under the Will, trustees
nominated under the Will and the successor executors
mentioned in Clause VIII of the Will. This successor
executor ... Court and obtained grant of Letters of
Administration (with exemplification of Probate
of Will annexed thereto of the estate of the
said deceased Edulji
following
terms:
(1) Could a petition seeking probate of a will, be treated as an ordinary
civil suit?
(2) Was it not contrary ... could possibly have been urged that
without formal proof of the Will a probate could not have been issued. Such, however, was
not the case
Whether the plaintiff is liable to be granted probate
of the „Will‟ dated 02nd April, 2003? OPP
3. Relief.
4. The petitioner examined six witnesses ... Will executed by her, the
legatee will not derive any right, title or interest in that
property, on the basis of such a Will
According to Mr. Chattopadhyay, learned advocate for the petitioner, the
probate of the will of the lessee having been granted by this Court, the petitioner ... said premises shall
vest."
The petitioner having obtained probate of the will of Ram Narayan is,
therefore, entitled to have his name mutated
that the
purported Will, in his opinion, is not a genuine Will which has
resulted in the dismissal of the probate petition. Assailing that
judgment ... will in question resemble other will upon
which the decisions have been given. The proposition that the will has to
be read as a whole
case of a Will, succession
takes place as pre-determine by testator in the will. From the definition of
"will", it appears that ... decision of the probate Court is conclusive only to the
limited extent that the instrument admitted to probate is last will of the
testator
relying upon the Will executed in England, but such Will cannot be
relied upon in India, unless a probate from the competent Court is
obtained ... Succession Act, it is not necessary to seek probate of a Will for the
same reasons as are applicable in respect of Clause
envelopes and found both
registered Wills i.e. Will dated 09.01.1974 and Will dated 24.03.1985.
6. By Will dated 24.03.1985 Mr. Bakshi Shiv Charan Singh ... without jurisdiction as the probate court is not empowered to convert the
probate proceedings into a regular suit. The probate court cannot
decide the question
learned counsel also submitted that failure to produce Will for probate immediately after demise of testator is not a ground to disbelieve the Will ... does not render the Will untrue when the evidence exists to show that the Will was in fact, the last Will of the testator
