Case Note & Summary
The petitioner, daughter of the deceased, sought revocation of probate granted to her aunt (respondent no.1) under Section 263 of the Indian Succession Act, 1925, in a testamentary petition concerning her father's last will. The deceased had obtained a customary divorce from the petitioner's mother in 2002, and the petitioner, born in 1986, lived with the father after the divorce. Following the father's demise in May 2011, the petitioner initially resided with respondent no.1. A medical certificate dated March 2012 indicated the petitioner had mild mental retardation with an IQ of 58. Respondent no.1, the sister of the deceased, filed a petition for letters of administration with will in January 2012, claiming to be the executrix and main trustee under the will dated August 2009. The petitioner was the sole legal heir. The court, on 7 August 2013, dispensed with the consent of the petitioner after considering the mental health certificate and converted the petition into one for probate. Probate was granted on 14 March 2014 without serving citation on the petitioner. Meanwhile, the petitioner's mother obtained an order from the District Collector, Pune, in February 2014, appointing her as the petitioner's guardian under the National Trust Act, 1999. However, on an appeal by respondent no.1, the Local Stage Committee, Pune, set aside that order in December 2015, finding the petitioner to be of sound mind and capable of independent decisions. The respondents formed a trust over the estate in May 2014. The petitioner filed the present miscellaneous petition alleging that probate was obtained by suppressing facts and without notice. Arguments centered on the petitioner's mental capacity, the validity of the will, and compliance with procedural requirements. The Bombay High Court reserved judgment and pronounced on 23 October 2018. The provided text does not include the court's final analysis and order.
Issue of Consideration
Whether the probate granted on 14 March 2014 should be revoked under Section 263 of the Indian Succession Act, 1925 on the grounds that no citation was served on the petitioner, the sole legal heir, and that the respondent no.1 obtained the probate by misrepresenting the petitioner's mental condition.
Law Points
- Revocation of probate under Section 263
- Indian Succession Act
- 1925
- Requirement of citation to legal heirs before grant of probate
- Locus standi of sister as executrix when daughter is alive but claimed to be mentally unfit
- Grant of probate without service of citation
- Mental retardation and capacity to manage affairs
- National Trust for Welfare of Persons with Autism
- Cerebral Palsy
- Mental Retardation and Multiple Disabilities Act
- 1999
Case Details
2018 LawText (BOM) (10) 114
Miscellaneous Petition No. 33 of 2017 in Testamentary Petition No. 294 of 2012
Dr. Birendra Saraf, Mr. Rajeev Carvalho, Ms. Raksha Thakkar, Ms. Trisha Mehta; Mr. Rajesh Shah, Ms. Neelam Vyas
Savita Vasant Rao Patil, Manoj Vasanth Rao Patil, Santosh Vasanth Roa Patil
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Nature of Litigation
Petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of probate granted in Testamentary Petition No. 294 of 2012 and recall of order dated 7 August 2013.
Remedy Sought
The petitioner seeks revocation of the probate dated 14 March 2014 and recall of the order dated 7 August 2013.
Filing Reason
Probate was obtained without serving citation on the petitioner, the only legal heir of the deceased, and by misrepresenting her mental capacity; the respondent no.1 allegedly suppressed facts about the petitioner's fitness and the District Collector's order appointing the mother as guardian.
Previous Decisions
25 January 2012: Testamentary Petition No. 294 of 2012 filed. 7 August 2013: Court dispensed with office requisitions and consent of petitioner. 14 March 2014: Probate granted to respondent no.1. 13 February 2014: District Collector, Pune appointed Jyoti Patil guardian of petitioner. 11 December 2015: Local Stage Committee, Pune set aside guardian order, finding petitioner of sound mind.
Issues
Whether the probate dated 14 March 2014 should be revoked under Section 263 of the Indian Succession Act, 1925 for non-service of citation and suppression of the petitioner's true mental condition.
Submissions/Arguments
The petitioner contended that she was the only legal heir and was not cited; the mental retardation certificate did not conclusively establish incapacity; respondent no.1 misrepresented her condition; subsequent orders showed she was capable.
The respondents relied on the will appointing respondent no.1 executrix and trustee for a mentally retarded daughter; probate was granted after the court dispensed with consent based on medical evidence.
Judgment Excerpts
the petitioner is the only heir and legal representative of the said deceased Mr.Deepak V. Patil
the respondent no.1 did not serve any citation upon the petitioner and obtained a probate on 14 th March 2014 from this Court as an uncontested matter
this Court made it clear that consent of the petitioner was also dispensed with
the Local Stage Committee, Pune arrived at a finding that in view of the petitioner being a major and of sound mind, the order dated 13 th February 2014 was liable to be set aside
Procedural History
25 January 2012: Respondent no.1 filed Testamentary Petition No. 294 of 2012 for Letters of Administration with Will annexed. 14 December 2012: Respondent no.1 filed praecipe alleging petitioner mentally retarded. March 2012: Certificate of mild mental retardation issued by JJ Hospital. 7 August 2013: Court dispensed with office requisitions and consent of petitioner. 13 March 2014: Respondent no.1 filed praecipe for amendments; testamentary petition converted to probate petition. 14 March 2014: Probate granted to respondent no.1. 13 February 2014: District Collector, Pune appointed Jyoti Patil guardian of petitioner under National Trust Act. 11 December 2015: Local Stage Committee, Pune set aside guardian order, finding petitioner of sound mind and capable of independent decisions. 22 May 2014: Respondents constituted a Trust over the estate. 2017: Petitioner filed Miscellaneous Petition No. 33 of 2017 seeking revocation of probate. 23 October 2018: Judgment pronounced by Bombay High Court; outcome not provided in extracted text.
Acts & Sections
- Indian Succession Act, 1925: 263, 246
- National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999: 17
