Case Note & Summary
The case involves a petition for revocation of probate filed by Dinesh Madhukar Parshetye (the petitioner) under Section 263(b) of the Indian Succession Act, 1925. The probate was granted on 31 March 2016 by the Bombay High Court in respect of the Will dated 22 June 1989 of Malatibai Rajaram Parshetye (the deceased). The respondent, Abhay Shridhar Shetye, was the sole executor named in the Will and obtained probate. The petitioner claimed that the respondent fraudulently obtained probate by falsely representing in the testamentary petition that he was the only legal heir and next of kin, when in fact the petitioner was a Class II legal heir under the Hindu Succession Act, 1956, and the respondent was not a legal heir. The petitioner relied on a family tree to show his relationship. The court examined the grounds for revocation under Section 263, which requires 'just cause', including fraud or concealment of material facts. The court noted that the probate was granted after due citation and advertisement, and no objection was raised at that time. The petitioner failed to prove that the respondent made any false suggestion or concealed material facts. The court held that the mere existence of other legal heirs does not constitute fraud, and the petition was dismissed for lack of just cause.
Headnote
A) Succession Law - Revocation of Probate - Just Cause - Section 263(b) Indian Succession Act, 1925 - Fraudulent Concealment - The petitioner sought revocation of probate granted to the respondent, alleging that the respondent falsely represented himself as the only legal heir and concealed the petitioner's status as a Class II heir under the Hindu Succession Act, 1956. The court held that the petitioner failed to establish fraud or concealment, as the probate was granted after due citation and no objection was raised. The petition was dismissed for lack of just cause (Paras 1-20).
Issue of Consideration
Whether the grant of probate can be revoked under Section 263(b) of the Indian Succession Act, 1925 on the ground that the respondent obtained it fraudulently by concealing the existence of other legal heirs.
Final Decision
The Miscellaneous Revocation Petition is dismissed for lack of just cause. Interim Application No.150 of 2023 is disposed of accordingly.
Law Points
- Revocation of probate
- just cause
- fraud
- concealment
- Section 263 Indian Succession Act
- 1925
- legal heir
- Class II heir
- Hindu Succession Act
- 1956
Case Details
2023 LawText (BOM) (01) 140
Miscellaneous Revocation Petition No.62 of 2021 in Petition No.1124 of 2012 with Interim Application No.150 of 2023
Mr. Rajesh Kachare for the Petitioner/Applicant, Mr. V S R Singh a/w Mr. C M Lokesh for the Respondent/Org.Petitioner
Dinesh Madhukar Parshetye
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Nature of Litigation
Petition for revocation of probate under Section 263 of the Indian Succession Act, 1925.
Remedy Sought
Revocation of probate granted on 31 March 2016 in respect of the Will of Malatibai Rajaram Parshetye.
Filing Reason
Allegation that the respondent obtained probate fraudulently by falsely representing himself as the only legal heir and concealing the petitioner's status as a Class II legal heir.
Previous Decisions
Probate was granted on 31 March 2016 by this Court in Petition No.1124 of 2012.
Issues
Whether the grant of probate can be revoked under Section 263(b) of the Indian Succession Act, 1925 on the ground of fraud or concealment of material facts.
Submissions/Arguments
Petitioner argued that the respondent falsely represented in the testamentary petition that he was the only legal heir and next of kin, concealing the petitioner's status as a Class II heir under the Hindu Succession Act, 1956.
Respondent contended that the probate was granted after due citation and advertisement, and no objection was raised; hence there was no fraud or concealment.
Ratio Decidendi
For revocation of probate under Section 263 of the Indian Succession Act, 1925, the petitioner must establish 'just cause', such as fraud or concealment of material facts. Mere existence of other legal heirs does not constitute fraud when probate was granted after due citation and without objection.
Judgment Excerpts
The present Miscellaneous Petition has been filed for revocation of the probate dated 31st March 2016 granted by this Court in respect of the Will dated 22nd June 1989 of one Malatibai Rajaram Parshetye.
Petitioner seeks revocation of probate under Section 263(b) of the Indian Succession Act, 1925.
The main ground on which revocation is sought is that the Respondent had obtained probate fraudulently by falsely representing in Testamentary Petition No.1124 of 2012 that the Respondent was the only legal heir and next of kin of the deceased.
Procedural History
The probate was granted on 31 March 2016 in Petition No.1124 of 2012. The petitioner filed Miscellaneous Revocation Petition No.62 of 2021 on 2021 (exact date not mentioned) seeking revocation. The court reserved judgment on 13 January 2023 and pronounced on 7 February 2023.
Acts & Sections
- Indian Succession Act, 1925: 263
- Hindu Succession Act, 1956:
