Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Sunil Waman Bhide – Appellant
Versus
Chandrahas Laxman Kanhere – Respondent
| Table of Content |
|---|
| 1. probate revocation application based on testator's alleged title absence (Para 1 , 2 , 3 , 8 , 9 , 10 , 11) |
| 2. caveatable interest requires succession claim, not title challenge; probate optional (Para 4 , 5 , 6) |
| 3. core issue: probate revocable for testator's lack of title or capacity (Para 7 , 12) |
| 4. krishna kumar birla defines caveatable interest; g. gopal creates apparent conflict (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. reconcile precedents: title challengers strangers to probate; follow birla (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. probate court lacks title jurisdiction; challengers lack caveatable interest (Para 25 , 26 , 27 , 28 , 29) |
| 7. revocation application not maintainable; revision allowed and ma dismissed (Para 30 , 31 , 32 , 33) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Applicant has invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) for challenging the order dated 20 December 2022 passed by the 11th Joint Civil Judge Senior Division, Pune rejecting application at Exhibit-52 filed by him seeking dismissal of Miscellaneous Application No. 616 of 2013 filed by Respondent Nos.1 to 4. The Misc. Application is fi
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.
(1) Revocation of Probate of Will – Grant of probate is a judgment in rem – If a party has caveatable interest in estate of deceased, it is entitled to be served before final order is passed.(2) Tran....
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.
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 main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
