The limitation period for an application to revoke a probate is governed by the residuary provision, accruing from the date of knowledge. Service of notice in connected legal proceedings, such as mutation, places a duty of inquiry on the respondent, failing which, constructive notice is imputed for limitation purposes.

JUDGMENT :

SANJAY KAROL, J.

1. Leave Granted.

2. Smt. Gouriprova Sen, inherited the properties of her husband Mr. Amulya Chandra Sen, by virtue of being his sole legal heir. Certain portion of these properties stood gifted to the appellant by a deed.¹ [bearing no. 4905 of 1978 dated 15th august 1978] Her Will was dated 9th July 1989 whereby the appellant, her nephew was made the sole executor and beneficiary. She died shortly thereafter on 8th October 1989. The transfer of properties in his name by virtue of this will is the genesis of the present dispute.

3. The appellant’s application for probate of the said Will² [PLA No. 238 of 1995] was granted vide order dated 28th September 1995. Further proceedings³ [O.A. No. 1417 of 2012] for necessary changes in the Revenue Record were initiated somewhere in 2010-11. As per the appellant, notices were served to the predecessor in interest of the respondent in these proceedings. As per the respondents, who are nephews-in-law of the testatrix and the only surviving members of the family of the testatrix’s husband, however, they found out somewhere in 2019 consequent to which they filed suit for declaration and injunction⁴ [Title Suit No. 60 of 2019] in which the appellant has undisputedly, filed his written statement. This suit is apparently pending before the jurisdictional Court. On 5th July 2022 the respondents herein filed an application under Section 263 of the Indian Succession Act 1925⁵ [ISA] seeking revocation⁶ [G.A. No. 02 of 2022] of the probate granted on 28th September 1995.

4. The learned single Judge in terms of order dated 16th June 2023 dismissed the application holding the same to be barred under the provisions of the Limitation Act 1963. On Appeal⁷ [A.P.O No. 125 of 2023] the learned Division Bench, taking a different view, allowed the appeal and as such, the matter stands before us. We are therefore, required to decide whether the application for revocation of the probate filed in 2022 is within limitation, or outside it, given the differing view of the Courts below.

5. The provision concerned with the revocation of probate under the ISA reads thus:

“263. Revocation or annulment for just cause:

The grant of probate or letters of administration may be revoked or annulled for just cause.

Explanation - Just cause shall be deemed to exist where:

(a) the proceedings to obtain the grant were defective in substance.

(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case.

(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently.

(d) the grant has become useless and inoperative through circumstances.

(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

Illustrations

(i) The Court by which the grant was made had no jurisdiction.

(ii) The grant was made without citing parties who ought to have been cited.

(iii) The Will of which probate was obtained was forged or revoked.

(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him.

(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.

(vi) Since probate was granted, a latter Will has been discovered.

(vii) S