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MANISH PITALE
Manju Anil Aggarwal @ Manju Lalchand Aggarwal – Appellant
Versus
Rajeev Lalchand Goyal – Respondent
JUDGMENT :
Manish Pitale, J.
The petitioner in this miscellaneous petition has invoked Section 263 (b) of the Indian Succession Act, 1925 (hereinafter referred to as the "Succession Act"), for seeking revocation of Letters of Administration granted by this Court on 08th September, 1993 in favour of the respondent and his deceased mother. The basis for invoking Section 263(b) of the Succession Act and claiming that the Letters of Administration were obtained fraudulently by making a false suggestion and concealing material particulars from this Court, is an assertion on the part of the petitioner that the original petitioners in the testamentary petition for grant of Letters of Administration i.e. the respondent herein and his mother had falsely stated that the deceased, being the father of the respondent herein, had not left behind any daughters. It is the specific claim of the petitioner that she was an adopted child / daughter of the deceased Lalchand Goyal and that therefore, she ought to be have been cited in the testamentary petition and citation ought to have been duly served upon her before this Court considered granting the Letters of Administration.
2. It is the case of the p
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.
Revocation of Letters of Administration under Section 263 of the Indian Succession Act is justified if obtained through misrepresentation and failure to implead all legal heirs.
Fraudulent conduct in obtaining probate warrants revocation, as it sullies the course of justice.
In non-contentious applications for Letters of Administration, strict proof under the Evidence Act is not required, and courts may rely on affidavits.
A Succession Certificate cannot be revoked through a separate original petition; it must be pursued as a miscellaneous application under the Indian Succession Act.
The main legal point established in the judgment is that the adoption deed was obtained by fraud and misrepresentation, and the physical act of giving and taking of adoption did not take place in acc....
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