MANOJ KUMAR OHRI
Som Prakash – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The appellants have preferred the present appeals under Section 299 of the Indian Succession Act, 1925 against order/judgment dated 20.12.2017 passed by the learned District & Sessions Judge (HQs), Tis Hazari Courts, Delhi in Misc. DJ No. 61012/2016 titled as Jai Ram v. Som Prakash & Anr, revoking the Letters of Administration granted in favour of the appellant/Som Prakash vide judgment dated 01.09.1999 in respect of a Will dated 01.01.1991.
2. The facts, as emerge from the record, are as following. Appellant (Som Prakash) is nephew of one late Smt. Satwanti Devi, who statedly passed away issueless on 30.12.1996. Satwanti Devi was married to Late Govind Lal Verma, who pre-deceased her.
3. Som Prakash propounded a Will dated 01.01.1991, purportedly executed by Satwanti Devi, bequeathing property bearing No. 11223, single storeyed situated in Bagh Rao Ji, Khasra No. 157/48-51/2, Block A/68 Double Phatak Road, Delhi in his favour (hereinafter, referred to as 'said property'). Som Prakash was the sole beneficiary under this Will. This Will was registered in the office of Sub-Registrar, Asif Ali Road. Seeking probate of Will dated 01.01.1991, Som Prakash fil
Cherichi v. Ittianam reported as AIR 2001 Ker 184
Ramesh Nivrutti Bhagwat v. Dr Surendra Manohar Parakhe reported as (2020) 17 SCC 284
The main legal point established in the judgment is the interpretation and application of the limitation period under Article 137 of the Limitation Act in the context of revocation of Letters of Admi....
Article 137 of the Limitation Act, 1963 applies to probate applications, allowing three years for filing while emphasizing that the right to apply is continuous, thus raising suspicion for delays bey....
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....
The propounder of a will must prove its valid execution and the testator's mental capacity, with the burden of removing any suspicion surrounding the will's authenticity.
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