JAGANNALHA SHELLY, J. ( 1 ) THE short question raised in this petition is whether the list of assets and liabilities are to be incorporated to the probate or letter of administration issued. ( 2 ) THIS application is filed by the applicant-petitioner under Sections 151,152 and 153 of the code of Civil Procedure read with Sections 226 and 268 of the Indian Succession Act, 1925. In the said application the petitioner had prayed for letters of administration with the Will annexed in her favour. By an order dated 14th December, 1989, this Court was pleased to allow the above petition and directed that the grant as prayed for be issued on payment of requisite Court-fee. After payment of requisite Court-fee, the Office prepared a draft of the grant to be issued, which was seen by the learned Counsel for the applicant-petitioner, who has stated that the details of the assets and liabilities should not be incorporated in the grant to be presently issued in the above case. Office has still enclosed the list of liabilities and assets in the grant issued. Therefore, the petitioner in the said application has prayed for deletion of annexing the details of assets and liabilities to the grant made and also prayed such other order or direction to be passed which is expedient in the facts and circumstances of the case. ( 3 ) LEARNED Counsel appearing for the applicant, submitted that when once the probateor letters of administration is granted, the form in which the probate or letters of administration issued does not require to be annexed with the list of assets and liabilities. He further contended that the form in which the probate is to be granted is provided in Schedule VI appended to the Act. A perusal of Schedule VI shows clearly that the form of probate does not contain any provision for the mention of schedule of properties or the assets, which are likely to come to the hands of the petitioner. It is also pointed out to me that hitherto it was the practice in this court that whenever probate or letters of administration is issued a list of assets and liabilities was annexed to the form in which probate or letters of administration issued. But this practice was later discontinued. It is also pointed out to me that hitherto it was the practice in this court that whenever probate or letters of administration is issued a list of assets and liabilities was annexed to the form in which probate or letters of administration issued. But this practice was later discontinued. ( 4 ) LEARNED Counsel for the petitioner has quoted the judgment of our High Court reported in 1968 (1) Mys. LJ. page 273 (KG. Hathi v Rattanakaur ). His Lordship Justice Narayana Pai (as he then was) has observed as follows:"it is well established that the probate court while granting probate in respect of a Will decides only the question of the genuineness and validity of the Will and does not go into the question of title much less decide the said question in respect of any of the items said to belong to the said estate. The difficulty of the type the applicants now think that they have met with has arisen by reason of the fact that this court while issuing probate has been for some time annexing thereto copies of the annexures of assets and liabilities given along with the original affidavit of assets. I have no doubt whatever that the annexing of lists of assets and liabilities to probate or letters of administration is wholly uncalled for and unnecessary, except in cases where the grant is limited to any extent wherever circumstances call for or entitle the petitioner to ask for a limited grant for administration of the estate covered either by a Will or in the case of intestacy. In the absence of any specific limitation imposed upon the grant of probate or letters of administration, the grant will be in respect of the entire estate of the deceased. The grant is a recognition of representation or conferment upon the grantee of a representative character, and because the orders of a probate Court are orders of rem, they cannot be questioned in any proceedings and are binding upon all persons who have anything to do with the estate. The only way by which any person may get rid of the same is by way of an application for revocation. Once a grant is made, it binds every body and every one concerned is bound to obey it. The only way by which any person may get rid of the same is by way of an application for revocation. Once a grant is made, it binds every body and every one concerned is bound to obey it. When the grantee of a probate establishes that a particular item of property belongs to the estate of the testator, whoever holds that property is bound to hand it over to him, subject no doubt to such rights as the third party may have in the property or against the estate in accordance with the provisions of law governing the situation. It is not open to any body not to do so because a particular item is not mentioned in the probate or the description thereof is not correct, according to him. To disregard a probate would amount to contempt of Court. The question of identity of the property would give rise to cause of action to be adjudicated upon in the normal course of the law. " ( 5 ) IT is well settled that the probate Court does not decide the rival claims to the property left by the deceased, nor does it decide the question of title. It has to be decided by a civil Court. Section 276 of the Act, provides for a petition for probate and enjoins the petitioner to annex with his petition the statement of account of assets which are likely to come to petitioner's hands. Thereafter, that is after complying with the procedure, probate is granted under Section 289 of the Act. In dealing with an application for probate, the Court has no jurisdiction to look into the nature of rights of the testator in the property included in the Will. The proceedings for a grant of probate or letter of administration is not strictly speaking a suit, and therefore, an order passed in such a proceeding is not a decree (See AIR 1924 Calcutta 16, Balsa v Devaki ). ( 6 ) IN what form the probate or letter of administration to be issued is contained in Schedule vi appended to the Act. On close examination of the form, it is clear that the form of probate does not contain any provision for the annexure of list of assets and liabilities to be appended to it. ( 6 ) IN what form the probate or letter of administration to be issued is contained in Schedule vi appended to the Act. On close examination of the form, it is clear that the form of probate does not contain any provision for the annexure of list of assets and liabilities to be appended to it. Thus the annexing of assets and liabilities to probate or letters of administration is uncalled for, unnecessary, except in case where the grant is limited to an extent. ( 7 ) THE contention of the learned Counsel that details of assets and liabilities incorporated to the letters of administration issued by the court is mistake and, therefore, it is to be corrected is well founded. ( 8 ) IT is not the function of the Court to have annexed the list of assets and liabilities to the form in which the probate or letters of administration has been issued for it is not in accordance with law. ( 9 ) I therefore accept the application filed by the petitioner and set aside the inclusion of list of assets and liabilities as annexure to the letters of administration issued, and declare that annexure as to the list of assets and liabilities do not form part of the letters of administration and shall stand deleted. ( 10 ) THIS petition is allowed. --- *** --- .