An application for revocation of probate should be entertained if there is non-compliance with the requirements of law and valid grounds for revocation exist.

JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. A short but interesting question which arises for consideration in this appeal is as to whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the appellant s name was not cited in the said application for grant of probate.

3. The basic fact of the matter is not in dispute.

4. A Will was executed by one Lakhpati Devi widow of late Mahadeo Jaiswal in favour of the respondent herein who was one of the grand sons of late Bhagwatidina, one of the brothers of late Mahadeo Prasad. Appellant herein claimed that the said Lakhpati Devi had executed another will on or about 12.3.1996. The said Lakhpati Devi admittedly expired on 13.03.1996. Whereas the appellant did not file any application for grant of probate in relation to the aforementioned will dated 12.03.1996, the respondent did so on 6.9.1996. In the said application, it was contended that the properties under the Will are situated in Bombay stating : That the said deceased at the time of her death had a fixed place of abode at Room No.10-11, Bharat Building, Sonapur Lane, Chira Bazar, Mumbai 400 002 and left property within Greater Bombay in the State of Maharashtra. It was furthermore stated : That no application has been made to any District Court or District Delegate or to any other High Court for probate of any will of the said deceased or for Letter of Administration with or without the Will annexed to her property and credits.

5. However, an application for amendment of the application for grant of probate was filed in the said testamentary proceedings which was allowed. On the basis of the averments made by the respondent in the amended application, citations were published only at Bombay on 28.1.1997. Respondent, however, filed an application for amendment of the petition for grant of probate on 21.03.1997, inter alia, stating : That the said deceased at the time of her death had a fixed place of abode at Room No.10-11, Bharat Building, Sonapur Lane, Chira Bazar, Mumbai -400 002 and left property within Greater Bombay in the State of Maharashtra and elsewhere in Union of India. It was, therefore, not disclosed at what other places the properties are situated.

6. It was furthermore averred that there was no heir known to the petitioner on the side of husband of the deceased. The schedule of assets allegedly left by the deceased was also inserted in the schedule of the properties stating :1.All that piece and parcel of pension tax land of ground (since redeemed) with the messauges tentament or dwelling house standing thereon situate lying behind at Sonapur Street Girgaum Road outside the Fort of Bombay in the Registration Sub-District of Bombay in the land of the Bombay contained by admeasurement 243 )two hundred and forty three) square yards or thereabouts and registered in the Books of Collector New No. 980 New Survey No.8158 and Cadastral Survey No.567 of Bhuleshwar Division and in the books of the Collector of Municipal Rates and Taxes under (C) wards No.3385 and Street No.6 and bounded as follows : that is to say on or towards the East by the properties bearings Cadastral Survey Nos.570, 571, 572, 573 and 574 on or towards the west partly by the properties bearing Cadastral Survey No.565 and 566 and partly by a passage on or towards the north by the property bearing Cadastral Survey No.568 and or towards the south by the Sonapur Street Valued atAccrued gross rent of the above immoveable property from the date of death till filing of this petitionRs.1,00,000/- Rs. 7,500/-2.S.B. A/c No.21416 with Bank of India, Kolabadevi Branch Mombai-2 standing in the name of deceased with accrued interest upto date of filing this petitionRs. 1,000/-3.Amount standing to the credit of the deceased in current A/c No.31080 with Bank of India Kolabadi Branch Mumbai standing in the name of M/s Mahadeo forthwith in which deceased