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MANISH PITALE
Lata Rajesh Shetty @ Latha Rajesh Shetty – Appellant
Versus
Satish Surappa Poojari – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. By this petition, the petitioner is seeking revocation of letters of administration granted on 17th May, 2023. It is her case that she is entitled to invoke Explanations (a) and (b) to Section 263 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Succession Act’), in order to seek revocation of the grant.
3. The respondent i.e. the original petitioner in Testamentary Petition No. 534 of 2022, had filed the petition for grant of letters of administration with Will annexed. The respondent sought the grant in the context of Will dated 4th December, 2018. The petitioner claims to be a beneficiary under the said Will. He claims to be related to the deceased from the side of the mother.
4. In the aforesaid petition filed by the respondent, the petitioner in the present revocation petition was also shown as one of the surviving legal heirs of the deceased. It was stated that she was the sister-in-law of the deceased and in the column pertaining to the address, it was submitted that her whereabouts were not known.
5. It appears that in such circumstances, the respondent caused publication of citation to the surviving heirs o
The court emphasized the need for the applicant to establish a "just cause" to revoke the probate, highlighting that the reasons cited by the applicant should be examined bearing in mind the law rela....
The court held that fraudulent concealment of material facts by original petitioners justified the revocation of Letters of Administration under Section 263(b) of the Indian Succession Act.
The duty of parties to come forward with a true case and true evidence, and the significance of prompt action in seeking probate of a Will.
In a case where the revocation of grant of probate/letter of administration was not done on the ground that the Will was not genuine but was done on the ground of non citation; the Will may be proved....
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.
An application for revocation of Letters of Administration under Section 263 of the Indian Succession Act is maintainable even before the actual issuance of the Letters of Administration.
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