AIR 1984 SUPREME COURT 1866 ::1985 (1) SCC 144 ::(1985) Guj LH 125 ::(1985) Pat LJR 6

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): D. A. Desai, D. P. Madon , JJ

Succession Act (39 of 1925) , S.270, S.273— Probate - Grant of certificate - Finality - Party receiving citation but not entering caveat to contest - Precluded from contesting validity of will in other proceedings. It is well settled that the decision of the probate court is a judgment in rem. A probate granted by a competent court is conclusive of the validity of such will until it is revoked and no evidence can be admitted to impeach it except in a proceeding taken for revoking the @page-SC1867 probate. Where the citation has been issued to the interested persons and has been served upon them, their failure to enter a caveat to contest the proceedings would preclude them from contesting the validity of the will in other proceedings.(Para 2) Where the court granting probate was satisfied that firstly, the deceased had a fixed place of abode within the Court's jurisdiction, secondly that the value of the property effected by the grant and situated beyond the limits of the State did not exceed Rs. 10,000/- in value and in spite of having received the citation the other party chose not to contest, the other party could not be permitted to re-agitate the same in other proceedings. .....