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
made mutual Wills is not prevented from making subsequent Will. He does not admit going by the provisions of the alleged Wills there ... Agreement between two testators that none of them will revoke his/her Will by making subsequent Will.
(ii) Surviving testator is given life interest
application for grant of probate are concerned, there is no dispute that probate of the will to the estate of the deceased may be granted ... application for grant of probate in its entirety. The District Delegate, 24 Parganas (South) can therefore grant probate of the will to the estate
earlier order granting probate is not recalled but by virtue
of granting second probate, if any, earlier grant of probate
will automatically be annulled ... Second Will. By reason of Saroj's First
Will and subsequently Sabitri's Will being admitted to probate, the Rash
Behari Avenue property
terms. Upon this being done, the promovent proceeds to prove the Will unless probate has already been granted in common form. In such a case ... terms of settlement disposing of the property of the testator whose Will for probate has been independently considered by the court. The reason
propounder could dispel such doubt the Probate Court could not grant any probate to the Will in question.
10. The learned Advocate for the respondent ... function of the probate court to see in the probate proceedings whether the Will has been duly executed, whether the testator at the relevant time
will under which the right is claimed, or has granted letters of administration to the will or with authenticated copy of the will annexed. Section ... person. Section 227 of the Indian Succession Act provides that probate of a will when granted establishes the will from the death of the testator
coming in to see the probate-proceedings and opposing the grant of probate, it is clear that they will be entirely without' a remedy ... have just quoted from the Court of Probate Act of 1857, declaring a probate of will to be conclusive evidence in all Courts
Will. Two of the attesting witnesses to the Will, viz., Parbati Charan Datta and Ram Gropal Ghosh were examined to prove the Will and Probate ... applied for revocation of the Probate, and she was entitled to have the Probate recalled and the Will (which she had challenged as forgery) proved
filed for an earlier Will because a subsequent Will automatically supersedes the earlier Will. If an application for grant of Probate or Letters of Administration ... right to oppose the subsequent Will provided he proves prima facie existence of the prior Will. If the Probate Court is satisfied about the prima