Succession Act, 1925, Section 276, 263 -- Grant of probate or revocation of probate or letters of administration - Limitation - No specific period of limitation for grant of probate, or for moving an application of cancellation of probate or letters of administration is prescribed under the Act - Period of limitation as provided u/art 137 of Limitation Act would be..........
Succession Act, 1925, Section 276 -- Will - Probate - No declaratory relief in respect of title of property can be sought especially that Will of mother is invalid and void for whatsoever reasons, in probate proceedings - Said issue is alien to petition seeking probate of Will and codicil - Remedies of petitioner for seeking declaration and any other relief in accordance..........
Succession Act, 1925, Section 276 -- Probate - A Court of probate is said to be Court of conscience which is not to be influenced by private arrangements of a party - Court will either grant probate or reject the same - There is no middle path for a happy compromise...........
Succession Act, 1925, Section 276 -- Probate - Jurisdiction of probate Court is limited being confined only to consider genuineness of Will - Question of title arising under the Act cannot be gone into probate proceedings - Construction of a Will relating to right, title and interest of any other person is beyond the domain of Probate Court...........
Succession Act, 1925, Section 276 -- Will - Probate - Petitioners neither appointed as executors under Will, nor they proved that they answer the character of executors by implication - They were not entitled to present petition u/s 276 of the Act - Since petitioners sought to prove Will as legatees, they were required to make an application for grant of Letters of..........
Succession Act, 1925, Section 276, 278 -- Grant of probate and Letter of administration - Does not confer title to property...........
Succession Act, 1925, Section 276, Limitation Act, 1963, Article 137 -- Will - Probate - Limitation - Cause of action - Commencement is not from the date of death of testatrix but it is from the date of denial of validity of Will by objectors...........
Succession Act, 1925, Section 276 -- Will - Probate - Locus standi - Limited interest of life time was given by testator to his Daughter-i, law under Will and after her death other legatees/ancestors of petitioners will come in possession of property - Petitioners filed application for probate in the lifetime of daughter-i, law - Petition for probate held, not..........
Succession Act, 1925, Section 276 -- Will - Probate - Daughter-i, law of testator was given limited interest under Will - Mere fact that daughter-i, law admitted herself as absolute owner gifted the property to third party, is no ground for seeking grant of probate by legatees, as they can file separate suit for setting aside gift deed - Probate petition rightly dismissed...........
Succession Act, 1925, Section 276 -- Will - Probate - Merely because date of Will is not mentioned in probate petition, it cannot be said that probate petition is vague, particularly, when copy of Will is annexed to probate petition and particulars of movable and immovable properties, which are sought to be probated are attached...........
