Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1925 Indian Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Succession Act, 1925:ss.263 & 283(3) - Revoking of probate - Just cause - Held: Application for grant of probate is a proceeding in rem - Being a judgment in rem, a person, who is aggrieved thereby and having had no knowledge about the proceedings and proper citations having not been made, is entitled to file an application for revocation of probate on such grounds as may be available to him - Hindu Succession Act, 1956 - ss. 3(f), 8 & 15 - Bombay High Court Rules - r.683. A Will had been executed in favour of Respondent by a Hindu widow. Pursuant to her death, Respondent filed an application for grant of probate in relation to the Will which was granted by the High Court.Appellant filed application for revocation of the said grant of probate, inter alia, on the premise that although she was one of the heirs of the said deceased widow, no citation was made and that furthermore, a Will had also been executed in her favour. A Single Judge of the High Court dismissed the application for revocation of probate on the ground that though public notice was issued before issuing the probate, Appellant neither filed any caveat nor filed any objection after the publication. Intra-Court appeal flied thereagainst was dismissed by Division Bench of the said Court on the premise that Appellant, being an agnate, was not a legal heir of the deceased widow.Appellant contended before this Court that the High Court committed a grave error insofar as it failed to take into consideration that an agnate is also an heir in terms of the provisions of the Hindu Succession Act, 1956. It was furthermore contended that the said application should have been entertained having regard to Explanation (c) appended to Section 263 of the Indian Succession Act, 1925 irrespective of the fact as to whether the appellant had any notice of the probate of the said Will. The primary question which arose for consideration in the present appeal is whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the Appellant's name was not cited in the said application for grant of probate. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1080 |
Petitioner | Basanti Devi |
Respondent | Raviprakash Ramprasad Jaiswal |
SCR | [2007] 11 S.C.R. 444 |
Judgement Date | 2007-10-12 |
Case Number | 4896 |
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