R.D. DHANUKA, J.

1. By this petition filed under Section 263 of the Indian Succession Act, 1925, the petitioner has prayed for revocation and/or for annulment of the grant of probate dated 14th March 2014 passed by this Court in Testamentary Petition No.294 of 2012 in favour of the respondent no.1 and also seeks recall of the order dated 7th August 2013 passed by this Court in the said Testamentary Petition No.294 of 2012. Some of the relevant facts for the purpose of deciding this petition are as under : -

2. The petitioner is the daughter of late Mr. Deepak Vasantrao Patil. The said deceased Mr.Deepak Vasantrao Patil was married to Mrs. Jyoti Patil on 12th May 1985. On 19th May 1986, the petitioner was born out of the said wedlock. Due to marital discord, a customary divorce was obtained by the said deceased Mr.Deepak Patil and Mrs.Jyoti Patil on 8th August 2002 in presence of Bhorgaon Leva Panchayat.

3. It is the case of the respondents that the said Mr.Deepak V. Patil had expired on 26th May 2011 and had left his last Will and Testament dated 8th August 2009 allegedly executed at Savada, Jalgaon.

It is also the case of the respondents that the said deceased Mr.Deepak Patil had appointed the respondent no.1 as executrix under the said last Will and Testament dated 8th August 2009. The said respondent no.1 is the sister of the said deceased Mr.Deepak V. Patil and alleged to have been appointed as the main trustee under the said Will. The petitioner is the only heir and legal representative of the said deceased Mr.Deepak V. Patil.

4. It is the case of the petitioner that after demise of the deceased Mr.Deepak V. Patil, the petitioner lived with the respondent no.1 at their family house i.e. 18A, Ravindra Mansion, Dinshaw Vachha Road, Churchgate for about four months.

5. It is the case of the petitioner that due to the ill effects of familial discord and tensed atmosphere caused by the divorce of the parents of the petitioner, it took a toll on the petitioner and prejudicially affected her academic life. She was weak and lagged behind in her academic pursuits. Pursuant to extensive consultation with teachers and thereafter doctors, it was discovered that the petitioner had a low intelligence quotient (IQ). The petitioner was a slow learner and was advised to attend a special school. The petitioner was thus enrolled in Vidyajyoti School of Slow Learners to pursue her studies in the said school. It is the case of the petitioner that after dissolution of the marriage of the said deceased Mr.Deepak V. Patil and Mrs.Jyoti Patil, the said Mrs.Jyoti Patil relinquished all her rights in the estate of the deceased and did not make any claim and/or for alimony and/or maintenance.

6. The father of the petitioner was granted custody of the petitioner by mutual consent of the said deceased and the mother of the petitioner. It is the case of the petitioner that she had always resided with the deceased in Savada, Taluka Raver, District Jalgoan. The mother of the petitioner however was in constant touch with the petitioner and ensured the progress of petitioner as well as the well being of the petitioner. The mother of the petitioner and the petitioner shared a close bond as they used to travel together including a trip to Singapore in or about 2006.

7. The mother of the petitioner thereafter filed a Mental Health Petition in the City Civil Court at Bombay inter alia seeking custody of the petitioner. During the proceedings before the City Civil Court, the petitioner expressed her desire to live with her mother in Pune. The petitioner thereafter shifted her residence to the house of her mother in Pune and continues to live there till today. In the said proceedings filed by the mother of the petitioner before the City Civil Court, the City Civil Court directed that an IQ test be conducted on the petitioner by the JJ Hospital.

8. On 26th March 2012, after conducting the IQ test on the petitioner by the JJ Hospital, the said Grant Medical Colle