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raj kumar ji (LAW STUDENT )     28 May 2010

CAN PROBATE IS CHALLENGED?

AFTER GETTING A PROBATE CERTIFICATE .CAN ANY ONE CHALLENGED THE PROBATE CERTIFICATE ?

EXCEPT A HIGHER COURT



Learning

 4 Replies

N.K.Assumi (Advocate)     28 May 2010

Yes, Order of District Judge granting Probate Certificate can be challenge in the High Court as per the Provisions of Civil Procedure Code.

niranjan (civil practice)     28 May 2010

I  think Mr. Rajji is asking whether it can be challenged by other interested party  not party to the proceerdidngs ?If my understanding oif querry is correct,in that case it can be challenged by way of suit. Otherwise party to the proceedings can challenge by way of appeal.

Devajyoti Barman (Advocate)     30 May 2010

The grant of probate can be challenged for its revocation in the same court by the party who is affected by the grant of probate or who has got interet in the property.

Audry Fernandes (nil)     31 May 2010

I understood probate granted authenticity to the will after examining the rights of all heirs. If probate can be challenged later what is the value of probate?

Can someone clarify for the benefit of raj kumar and others.


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