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2024 Supreme(Cal) 116

KRISHNA RAO
In The Goods of : Ashesh Kumar Dhar, (Deceased) – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Applicant : Mr. Sukanta Chakraborty, Mr. Zubair Ahmed.
For the Respondent: Mr. Debmalya Ghosal, Mr. Chanchal Kumar Dutta, Ms. Krishna Mullick.

Judgement Key Points

What is the required just cause under Section 263 of the Succession Act, 1925 to revoke a grant of probate? What constitutes a caveatable interest sufficient to challenge a grant of probate under Section 263? When can a later will or discovery thereof justify revocation of probate, and why was it not established in this case?

What is the required just cause under Section 263 of the Succession Act, 1925 to revoke a grant of probate?

What constitutes a caveatable interest sufficient to challenge a grant of probate under Section 263?

When can a later will or discovery thereof justify revocation of probate, and why was it not established in this case?


JUDGMENT :

Krishna Rao, J.

1. The applicant Smt. Jharna Das has filed the instant application for revocation of a grant of Probate dated 22nd April, 2021 in PLA No. 358 of 2019 to the estate of the deceased Ashesh Kumar Dhar, who died on 13th April, 2018.

2. After the death of Ashesh Kumar Dhar, the respondent had filed an application before this Court being PLA No. 358 of 2019 for grant of Probate to the estate of the deceased Ashesh Kumar Dhar in terms of his last Will and Testament dated 27th March, 2015. This Court by an order dated 12th March, 2021 has allowed the prayer for grant of Probate and on 22nd April, 2021 has issued Probate to the respondent.

3. Now, the applicant has filed the present application for revocation of the Probate. The applicant says that the deceased Ashesh Kumar Dhar during his life time had executed a Will on 10th December, 2015 which is a registered Will and in the said Will, the testator has appointed the applicant as executrix and his wife as beneficiary of his last Will and Testament. The applicant says that the respondent being the brother of the deceased with the oblique motive and in the absence of the wife of the deceased by undue influence and

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