NDLI: Joseph Easwaran Wapshare & Ors. Vs. Shirley Katheleen Wheeler

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1925 383 certificate granted Succession Act res judicata 33(a) and 25 ss. 372 Revocation of Succession
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Succession Act, 1925 (39 of 1925)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Succession Act, 1925:ss. 372, 383, 33(a) and 25 – Revocation of Succession Certificate granted u/s. 372 in favour of appellant No.1 – Respondent filed application u/s. 383 seeking revocation of the Succession Certificate – Sub-Judge held that the respondent being the outsider for the family could not maintain the application for revocation;and that since the previous proceedings for probate of Will initiated by the mother of the respondent had abated, the application for revocation was barred by res judicata – High Court, in revision set aside the finding as regards res judicata and remanded the matter to Sub-Judge to decide the matter afresh – On appeal, held: Succession Certificate can be revoked only for the reasons set out in Section 383 – The reasons mentioned in s. 383 is not satisfied in the present case – Respondent is neither a family member nor a lineal descendant – Revocation of Succession Certificate was rightly refused by Sub-Judge – Though the High Court was right in its finding on res judicata but the High Court should have decided the case on the other grounds instead of remanding the case.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2019 INSC 277
Petitioner	Joseph Easwaran Wapshare & Ors.
Respondent	Shirley Katheleen Wheeler
SCR	[2019] 2 S.C.R. 732
Judgement Date	2019-02-26
Case Number	2284

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Joseph Easwaran Wapshare & Ors. Vs. Shirley Katheleen Wheeler

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