...amendment has been filed was filed by the respondent No. 2 alongwith the suit. In any event of the matter the Probate petition is not a suit for title. The amendment sought for will ...well aware of the fact that she is not the sole owner of the said property. Had the Will been prepared by the testatrix or upon her instructions the fact of the joint ownership of house by a private...limited company would have been set out in the will as the Testatrix would have known that she could not bequeath the property as if she is the Sole owner. All these facts clearly indicate and create a...

...adjudication of the Suit. 9. The respondent no.4, who has filed the Probate Petition, is not seeking the transfer of either his Probate Petition or of t...petition as a proforma respondent. He is the son of the petitioner herein, who is the defendant in the abovementioned Suit. 1...herein, filed the above-mentioned Probate Petition, on 26.09.2022, that is, more than 11 years after the filing of the Suit. 6. The respondent no.4 also filed an application...

...stated that the two proceedings are of different nature, one is a civil suit pending in a civil court having jurisdiction to try and entertain the suit and another is a probate ...bequeathed his share in the suit property in favour of his sons i.e Late Sh. Vijay Kumar and Sh. Praveen Kumar: as this ‘Will’ by Late Sh. Manohar Lal Oberoi is not under probate, therefore the same...sons) to respondent No. 7 by a registered sale deed, who has been living and using the suit property w.e.f 30 October, 2009.6. It is alleged that respondent No. 1 has no right in the...

..., there is no fault on the part of the defendants in giving the incorrect address of the plaintiff. The present suit is at an initial stage and the Issues are yet to be framed. In the probate petition also...probate petition bearing no. 121/2008, which is pending in the court of learned Additional District Judge, Tis Hazari Courts, Delhi.2. The plaintiff filed the present suit for partition...the aforementioned residential property, which is a three storeyed building. The present suit has been filed by the plaintiff for partition and separation of property no. 10/4, Block D, Okhla...

....10. In any event when a petition for issuance of probate is treated as a suit the procedure to be followed alone varies and not the substance of the cause. It remains ...such it is not a suit. Whereas a proceeding to obtain probate of a will cannot be said to be instituted on a plaint, under S. 276 of the Indian Succession Act...suit, according to the provisions of the Code of Civil Procedure. It is for this limited purpose only that such a contentious case will be treated as a suit. A proceeding for grant of ...

...present circumstances is, whether the probate petition which was filed subsequent to the present suit is to be transferred to this court or not. A similar situation arose in the case of V...are subject matter of the said suit.3. Subsequently, respondent no. 1 filed a probate petition in Tis Hazari Courts being RC No. 3/2011 alleging that the deceased father of the...a forged and fabricated document.4. Learned counsel for the respondent fairly states that both the probate petition as well as civil suit should be tried together. However, he states...

...of the testator. In that view of the matter, as the grant of Probate has in no way affected the right of the petitioner, this petition filed by him for revocation of Probate is not maintainable. Hence, I p...filed for revocation of the probate by a person who has no interest in the property is not maintainable. An application is also filed requesting the Court to dismiss the petition as not m...., following the aforesaid judgment of the Supreme Court has held that even in a contentious suit for grant of Probate, the Probate Court is not entitled to examine the question ...

...the plaintiff/petitioner to bring on record the heirs and legal representatives of the deceased-caveator as defendants in a suit? and; if the plaintiff fails to do so whether the suit and the petition, both abate? ..., learned counsel for the plaintiff, submitted that the petition for probate is different from a suit. It is not a contentious/adversarial proceeding like a ...and legal representatives of the deceased defendant on record. Since an application for bringing the heirs on record is not made within the prescribed time not only the suit but even the petition abates. T...

...appeals.8. The question for determination in this case is as to whether after the proceeding becomes contentious it takes the form of a suit or it still remains a proceeding. From the aforesaid provis...Letters of Administration is not a suit and as such the final order passed therein granting or refusing probate or Letters of Administration is not a decree. The final order in ...Code of Civil Procedure”. This would show that probate proceedings do not, under the ordinary law, fall within the description of a “regular suit”, it is by virtue of Section 83 that they are brought...

...the scope of the issues to be determined in the probate petition is limited. In a civil suit where the Will is called in issue, the court can look into various surrounding circumstances including ...established under the provisions of the Indian Succession Act, 1925 only by a Probate Court which alone has exclusive jurisdiction over such matters. The present suit is not maintainable being barred under...petition. Thus, the scope of proceedings in a partition suit is broader than that in a Probate petition. 19. From the judgments discussed above, it emerges ...

...impugned order rejecting the revocation of the probate is not sustainable. It is contended that prior to filing of the probate petition, respondent No. 1 had filed a suit No. 12/...filed as the same were not relevant for the grant of probate. It is further contended that appellant had the knowledge of probate proceedings. Notice of probate petition was published in ‘National...the legal heirs were never served with the probate petition. Even the particulars of appellant No. 2 have not been there in the probate proceedings, as such illegal order is passed in favour of...

...or Letters of Administration, is admitted on the date it is actually numbered and there is strictly no date of limitation in filing the said application. If there is a delay, the delay has to be explained....probate or letters of administration is made, subject to a maximum of twenty five thousand rupees. 7. It is seen that any petition, seeking ...entered, then the original petition is converted into as a testamentary original suit. It shall be accompanied by Annexure-A, giving an affidavit of assets. It should also be accompanied by annexures...

...appeal. 3. Learned counsel for the appellants argued two points that whenever a proceeding for probate is contested, it is not necessary that it must be converted into ...contested, it must be decided as nearly as may be in the form of a suit. This does not mean that the petition must be converted into a suit. 4. His second limb of...probate into suit. What it states is that when a petition is...

.... The learned counsel submitted that Section 295 of the Act is merely procedural and is not substantive provision. He also referred to and relied upon certain decisions of the Supreme Court to bring home t...Code of Civil Procedure and the decision of the Supreme Court of India thereon are very clear. Lastly, the learned counsel has contended that under Section 295 of the Act a petition for probate, on contention being...court has been conferred with exclusive jurisdiction to grant probate of the will of the deceased annexed to the petition (suit); on grant or refusal thereof, it has to preserve the original will produced before it. The gra...

...) observed that a suit is instituted by presentation of a plaint, whereas a proceeding for grant of probate or letters of administration is initiated by filing a ...of a certified copy of the will. It was held that the will being a document annexed with the petition for grant of probate, which is converted into a title suit, the objector will then be...entirety. Therefore, an applicant for probate, though he is to be treated as a plaintiff, is not to be regarded as a plaintiff who brings a suit in respect of same cause of actio...

...9267 of 1991 has been moved by the plaintiff in that suit, as she is being hindered in a Probate Petition pending before the District Judge, Delhi.4. In view of the provisio..., will not bind either of the parties to the suit, and the District Judge before whom the Probate Petition is stated to be pending, will be in a...position to either grant or refuse to grant probate of the Will, which is sought to be probated before him. These observations made by me, have been necessitated by the judgment of the Supreme Court in...

...suit. In no uncertain terms, it was made clear that a petition for probate is not a plaint and at no stage becomes the plaint as understood in the manner laid down in the Civil Procedure ...proceedings before the probate Court may be akin to a suit of a civil nature, but in the strict sense of the word, it is not a suit deciding inter-parties right which has ...probate proceedings as a civil suit, it will not make it a civil suit in its strict sense. This is crystal clear in view of expression employed in Section 295- “as nearly as may be, the f...

...Judge had held that the proper procedure for revocation of probate granted by the High Court is by way of a petition filed in the testamentary and intestate jurisdiction of the court, and not by way of...proceedings could be dealt with at different stages. Chapter IV of Part IX clearly indicates that when an application is filed for probate it should be dealt with as a suit and for revocation of a...grounds are sought to be proved, the question is whether such an application would be treated to be a suit? We are of the considered view that an application to revoke probate or letter of administration...

...already sold the schedule properties; the plaintiff could have filed the suit for partition and therefore the probate proceedings is not maintainable. Hence, prayed for dismissal of the petition. .... - 7 - Therefore, the application for probate itself was not maintainable and therefore, the suit is liable to be dismissed...in a suit filed between the family members and since 02.03.1998 till her death the testator was in actual possession and enjoyment of the suit schedule properties. It is contended that Tungabhadra...

...correct it will virtually equate a petition of Probate with a plaint or memorandum of appeal. On a plaint or a memorandum of appeal court-fee is to be paid at the time of the filing of th...get a hearing of his Probate petition there will be no difference in filing a suit or in making an application for Probate in so far as the matter of court-fee is concerned. For my part I...Legislature has not placed any embargo. The Patna view means this that no court shall proceed with the hearing of a Probate petition until court-fee has been paid. But court-fee is charged on ...