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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Sunil Waman Bhide – Appellant
Versus
Chandrahas Laxman Kanhere – Respondent
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 filed by Respondent Nos. 1 to 4 seeking revocation of probate and according to Applicant, the same is not maintainable as the revocation of probate is sought mainly on the ground that the testator did not have title in the properties in respect of which she executed the Will.
2. Very briefly stated, facts of the case are that Nalini alias Rajeshwari Nagarkar (Rajeshwari) executed her Will dated 23 August 2005 in respect of various properties at Satara and bequeathed some of the properties enumerated in paras-6(a) and (b) of the Will in favour of her son-in-law, Shri. Sunil Waman Bhide (Applicant). The balance properties were bequeathed to her three children. Respondent No.-5 Balkrishna Digambar Thatte was named as executor in the Will. The testator passe
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 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 ....
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