BOMBAY HIGH COURT
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Modi S. A. v. T. A. Rana and Others
1. One Bomanji Dorabji Kumana is said to have executed his last Will and testament on 19th June, 1975. The testator died at Bombay on 11th August, 1978. Rustom D. Kumana and Gool D. Kumana who were the surviving executor and executrix applied for grant of probate before this Court and the probate was granted on 23rd October, 1981. Beneficiaries under the said Will are the present respondents. The present appellant who claims to be one of the legal heirs of the testator and who was not issued the citation of probate proceedings applied for revocation of probate granted on 23rd October, 1981 by filing petition under S.263 of the Indian Succession Act , 1925 before this Court. Initially, in the petition for revocation of probate, the present appellant only impleaded the first respondent but thereafter under the order of the Court, all the surviving beneficiaries under the Will dated 19th June, 1975 were impleaded. The impleaded beneficiaries contested the petition for revocation of probate filed by the present appellant on diverse grounds. The learned Single Judge of this Court after hearing the parties on the basis of the available material rejected the petition for revocation of pr
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