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H. P. SANDESH
H Srinivas Rao – Appellant
Versus
Niranjan Rao, S/o Alte V. Shridhar Rao – Respondent
JUDGMENT :
This miscellaneous first appeal is filed challenging the order passed by the Trial Court in Misc. Case No.25/2016 dated 15.12.2017 wherein the Trial Court allowed the petition filed under Section 263 of the Indian Succession Act and the probate granted in favour of the respondent in P&Sc No.6/2014 dated 06.06.2015 is revoked and permitted the petitioners to contest the said petition.
2. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case of the appellant/petitioner in P&Sc No.6/2014 is that Mulky Annappayya had executed a Will in favour of the appellant on 10.07.1990 and he died on 07.09.1999 and consequent upon the Will, M.R.No.74/1999-2000 was effected and name of the legatee Manohar S Moodabidri was entered in the Records of Rights. The executant of the Will also having two sisters by name Rajivibai and Sundaribai and both of them were died on 04.02.1999 and 04.06.2000 respectively. The said Rajivibai pre-deceased by the executant and the other sister Sundaribai died subsequent to the death of Mulky Annappayya. The mother of respondent Nos.1 and 4 – Smt. Prafulla S Rao, who is the daughter of Rajivibai, also died on 02.07.201
The court ruled that failure to disclose necessary parties with caveatable interest justifies revocation of probate under Section 263 of the Indian Succession Act.
The explanations under Section 263 of the Indian Succession Act, 1925 are illustrative, allowing for revocation of probate based on just causes not explicitly listed.
Revocation of probate not maintainable if challenging testator's title to properties, as such claimant lacks caveatable interest and is stranger to probate proceedings limited to will's genuineness.
The court held that a grant of probate can be revoked if the procedure was defective, especially if necessary parties were not cited, emphasizing the jurisdictional limitations of testamentary procee....
(1) Revocation of Probate – Limitations starts from date of grant of probate and not from date of knowledge about probate proceedings.(2) Probate Court is a court of conscience – Approach of a probat....
The court ruled that failure to notify all legal heirs and concealment of material facts during probate proceedings constitutes just cause for revocation of probate under Section 263 of the Indian Su....
The applicant must demonstrate a 'just cause' for revocation of Probate and establish a caveatable interest as per Section 263 of the Succession Act, 1925.
Fraudulent conduct in obtaining probate warrants revocation, as it sullies the course of justice.
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