JOAN PAI Vs. ESME DSOUZA

JUDGEMENT

(1.) This petition is by Mrs. Joan Pai who claims to be the sister of deceased Lt. Col. Ivan D'Souza, whose last will and Testament was probated in this Court in Probate Civil Petition No. 4/1983. The necessary procedure and formalities before granting probate was observed by this Court and at that time there was no objection in those proceedings to the grant of probate filed by any person.

(2.) This petition for revocation of the grant is made on the ground (the only ground urged before the Court at the time of passing this order) that the Testator did not have full title or title over the whole of the property bearing No.132, Brigade Road, Bangalore.

(3.) Grant of probate of a Will is no more than acceptance of the due execution of the will probated and that order granting probate does create a right in favour of the person who has obtained it and he is not required to prove that Will once again in any other proceeding. Grant of probate does not confer title on the Testator of the Will in respect of any of the properties included in the schedule of assets required to be filed along with such probate petition. It has to be agitated in the proper Civil Court having jurisdiction and the question settled there.