Dismissal of Probate

Manish Singh (Querist) 05 May 2009 This query is : Resolved
Dear Members,

Please throw some light on the query that what happens when in a matter of probate, a probate has been duly granted by the competent court but in case of default of filing the invetory by the executor, the said matter gets dismissed by the same court.
please provide
1. what further course of action can be taken in such situation?
2. does any kind of appeal lies herein and if yes then where? is it the DJ or what?
Please do the needful.
Manish

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ESTHERPRIYA (Expert) 06 May 2009
You can file a petition to condone the delay in filing and also appeal lies against it.

Manish Singh (Querist) 08 May 2009
th dist judge can only annul the probate on ground of non filing of inventory wilfully, amongst other grounds, which is not a case here. so if he annuls the probate that would be unlawful (further he has no power to renunciate the Executor) and appeal directly lies to the HC.

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