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SHAMPA SARKAR
Vineet Kumar Swaika – Appellant
Versus
Vijay Kumar Swaika – Respondent
| Table of Content |
|---|
| 1. dismissal of revocation request due to limitation. (Para 1 , 2) |
| 2. petitioner's claim of fraud and disputing succession certificate. (Para 3 , 4 , 5 , 6) |
| 3. court's rejection based on limitation evidence and property rights. (Para 7 , 8 , 9 , 10) |
| 4. final resolution and dismissal of the case. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
Shampa Sarkar, J. - The revisional application has been filed against an order dated November 23, 2022 passed in Misc. Revocation Case No.01 of 2019 by the learned Chief Judge, City Civil Court at Calcutta. The revocation case was dismissed on contest on the ground that the said application was barred by the law of limitation.
2. According to the learned court below, the application should have been filed within three years from the date of knowledge. The Court found that the petitioner had come to know about the succession certificate during the course of litigation. Even if the petitioner was not officially informed about the number or date of the application by dint of which the opposite party was issued the succession certificate, the learned court was of the view that when the petitioner came to know about the existence of a succession cert
Probate grants are judgments in rem, triggering a strict three-year limitation period for revocation, with knowledge of the grant not resetting this period. There was no evidence of fraud or procedur....
Mandatory disclosure of near relatives is essential for succession certificate applications under the Act.
judgment and decree passed by the learned First Appellate Court having come to the conclusion that the proceedings for obtaining Succession Certificate was defective and the Certificate was obtained ....
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 court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
(1) Grant of Succession Certificate by ex-parte order – Where an application is defective or material facts have been suppressed or misstated, certificate issued pursuant thereto is liable to be revo....
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