Will of Late Kundan Singh and Probate Case No.32/1978 was
filed seeking probate of the Will of Late Polo Singh ... grant of probate in
Probate Case No.24/1973. The said Probate case was filed for
the probation of the Will of Late Kundan Singh
death of the executant of the alleged Will.
3. The Will of which probate was sought is tilted "Deed of Daan". The said ... disputed before the probate
court where the document of which probate is sought is a Will or not, the probate
court would adjudicate
mode or manner. Mutual Wills as distinct from
joint Wills are sometimes described as reciprocal
Wills. In describing a Will the adjective "Mutual ... mutual Will by making a new
Will, it is the new Will which will have to be
necessarily admitted to probate
registered held that the Will dated 17.11.1986 being later in time
and proved as a valid and genuine Will, granted probate with respect ... said Will in favour the
respondent and also holding that the second Will supersedes the first Will
dismissed the first probate petition.
11. The learned
death
to his sons. The respondent applied for grant of probate of the Will of
Nobo Coomar Ganguli, who had died on 21.10.1877 leaving behind ... brother of the husband obtained and
produced at the trial probate of a will of the husband, by
which he bequeathed the whole property
validity of the Will is the Probate Court. The Probate Court has exclusive
jurisdiction to decide about the Will and the Civil Court does ... scenario we
conclude that the Probate Court has been conferred with
exclusive jurisdiction to grant probate of the Will of the
deceased annexed
Will was not genuine, Will was not legally
executed and attested, Jogesh Chandra Das did not execute the Will
out of his free will ... Will. However, the Will was held to be a valid, duly executed and
attested Will. On this ground, she was refused the probate. Even
Probate Petition filed
by the Appellant under Section 276 of the Indian Succession Act for
grant of Probate/letter of administration in respect of Will ... petition. The alleged Will
dated 11th March, 1983 executed by late Shri Karan Singh is a
registered Will and on a Probate Petition being filed
person, the Will was not signed by him and left thumb impression was put on the Will. In those circumstances, the probate was rejected ... prove the Will, fails to prove the due execution of the Will. As already stated, in this case, the Will has been duly proved
such plea can be taken as the probate court has exclusive jurisdiction to grant probate of wills, vide Chiranji Lal Sri Lal Goenka (deceased) through ... held that once probate court is considering the petition for grant of probate, that court alone (probate court) is competent to decide the question
