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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Raymond Francis – Appellant
Versus
Raymond, S/O Jacob – Respondent
JUDGMENT :
P.G. Ajithkumar, J.
The 1st respondent filed I.A.No.963 of 2002 in O.P.(LA) No.12 of 1995 before the District Court, Thrissur invoking the provisions of Section 263 of the Indian Succession Act, 1925 and Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 seeking revocation of letters of administration granted in favour of the 2nd respondent annexed with a copy of the Will dated 28.12.1989. That petition was allowed as per the order dated 16.06.2008. The appellants, who are respondents No.8 and 9 in I.A.No.963 of 2003 have filed this appeal under Section 299 of the Indian Succession Act.
2. This appeal was admitted on 05.09.2008. The 2nd respondent in the appeal expired and his legal representatives were brought on record as additional respondent Nos.8 to 10. Additional respondent No.10 expired and his legal representatives were impleaded as additional respondent Nos.11 to 13.
3. Heard the learned Senior Counsel appearing for the appellants and the learned counsel appearing for the respective respondents.
4. Sri. Joseph, son of Chakkaramakkal Chathunny expired on 07.08.1994. One of his children Sri.Jacob filed O.P. (LA) No.12 of 1995 claiming that Sri.Joseph executed Wil
The court emphasized the need for the applicant to establish a "just cause" to revoke the probate, highlighting that the reasons cited by the applicant should be examined bearing in mind the law rela....
The duty of parties to come forward with a true case and true evidence, and the significance of prompt action in seeking probate of a Will.
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....
In a case where the revocation of grant of probate/letter of administration was not done on the ground that the Will was not genuine but was done on the ground of non citation; the Will may be proved....
An application for revocation of Letters of Administration under Section 263 of the Indian Succession Act is maintainable even before the actual issuance of the Letters of Administration.
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