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The District Judge, Pune, grants probate of the will of the late Shanta Kulkarni to her son Ajit, the…

Section 35 covers final judgments of a competent court in probate, matrimonial, admiralty or insolvency jurisdiction which confer or take away a legal character "not as…

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The District Judge, Pune, grants probate of the will of the late Shanta Kulkarni to her son Ajit, the executor. Under section 35 of the BSA, how is this final order best described?

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Section 35 covers final judgments of a competent court in probate, matrimonial, admiralty or insolvency jurisdiction which confer or take away a legal character "not as against any specified person but absolutely". A grant of probate is therefore a judgment in rem, relevant whenever Ajit's character as executor is in question, and section 35(2) makes it conclusive proof of that character; sections 36 and 37 deal with other kinds of judgment.

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