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MANISH PITALE
Sarwan Kumar Jhabarmal Choudhary – Appellant
Versus
Sachin Shyamsundar Begrajka – Respondent
ORDER :
Manish Pitale, J.
In the light of the submissions made by the learned counsel for the rival parties, as also certain judgments of this Court passed by learned Single Judges and in view of the importance of the questions involved, this Court is inclined to invoke Rule 28(C) of the Bombay High Court (Original Side), Rules, 1980, to formulate questions for decision by a Larger Bench and in that backdrop to place the papers of this case before the Hon'ble the Chief Justice.
2. Before adverting to the rival contentions and the questions arising in the present petition, a brief reference to the chronology of events would be appropriate.
3. Testamentary Petition No. 109 of 2021 was filed by the respondent for grant of Probate of a Will allegedly executed on 03rd March, 2020, by the deceased Rajesh Chowdhary. The aforesaid Rajesh Chowdhary died in Ecuador on 25th July, 2020, having committed suicide. This is evident from the copy of the death certificate placed on record with the testamentary petition, wherein the cause of death is recorded as suffocation by means of hanging. On 09th December, 2020, the respondent filed the aforesaid testamentary petition for grant of probate. On 20th
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.
Section 263 of the Indian Succession Act, 1925 permits revocation of probate for just cause, with explanations provided being illustrative, allowing for broader judicial discretion.
(1) Revocation of Probate – Merely because aggrieved person has not appeared or defended his case in proceeding for grant of probate, it cannot be a reason for refusing to exercise jurisdiction under....
The court ruled that failure to disclose necessary parties with caveatable interest justifies revocation of probate under Section 263 of the Indian Succession Act.
(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....
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....
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.
The High Court's jurisdiction to grant probate is limited to cases where properties are outside the exclusive jurisdiction of the City Civil Court, and citation under Section 283(3) is unnecessary if....
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