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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Smt. Jaspreet Kaur, wife of late Sarbajeet Singh – Appellant
Versus
Ratanjot Kaur, d/o late Sadilal Bagga, w/o Sri Harbindar Singh – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Manjul Prasad, the learned Senior counsel assisted by Mr. Baban Prasad the learned vice counsel appearing on behalf of the appellants as well as Mr. Ashutosh Anand, the learned counsel appearing on behalf of the respondent State and Mr. Amitesh Kumar Geasan, the learned counsel appearing on behalf of the respondent no.1.
2. I.A. No.5508 of 2024 has been filed for condonation of delay of 184 days occurred in preferring the instant appeal.
3. Learned counsel appearing on behalf of the appellants submits that on the wrong notion initially the impugned order was challenged in C.M.P being C.M.P.No.1196 of 2023. He submits that in the same C.M.P, it was found that the C.M.P was not maintainable and only the appeal can be maintained which was withdrawn by order dated 17.05.2024 with liberty to file the appeal and thereafter the present appeal has been filed. He submits in view of that, the delay has occurred.
4. The learned counsel appearing on behalf of the respondent no.1 opposed the prayer and submits that proper explanation is not there.
5. Learned counsel appearing on behalf of the Deputy Commissioner, Giridih/ respondent no.2 submits that it i
The court clarified that revocation applications under the Indian Succession Act are treated as miscellaneous applications, emphasizing the burden of proof lies with the objector to establish revocat....
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....
An application for grant of probate or letter of administration seeks recognition of the Court to perform a legal duty created by a will and is a continuous right which can be exercised any time afte....
(1) Revocation of Probate – Limitations starts from date of grant of probate and not from date of knowledge about probate proceedings.(2) Probate Court is a court of conscience – Approach of a probat....
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.
Revocation of Will – It has to be shown that testator had made another Will or Codicil or by some writing declaring his intention to revoke Will.
Revocation of grant of Probate – In absence of plea or evidence on issue of limitation, High Court cannot set aside order of District Court.
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 court prioritized substantial justice over procedural delays in probate proceedings, affirming the necessity for equitable consideration in light of public interest.
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