Case Note & Summary
The appeal was filed against the dismissal of the appellant's application for revocation of probate granted in favor of Bachittar Singh Randhawa concerning the Will of Surjan Singh Randhawa. The appellant, Manju Puri, is the daughter of Beena Kumari Mehra, who was a legal heir of Surjan Singh Randhawa. The probate was granted on 04.06.1982 without issuing citation to Beena Kumari Mehra, who later filed a partition suit in 1984 claiming her share in the property. The appellant contended that the no objection certificate allegedly signed by her mother was forged and that she was unaware of the probate proceedings until 2011. The Single Judge rejected the revocation application citing inordinate delay and the mother's consent during her lifetime. The Division Bench upheld this decision. The Supreme Court found that the High Court erred in concluding that there was inordinate delay, as the appellant filed her application promptly after discovering the probate records. The court emphasized that the issuance of citation to legal heirs is necessary, especially when the Will alters the devolution of property. The court concluded that the probate granted without citation was unsustainable and allowed the revocation application, setting aside the previous orders of the High Court.
Headnote
A) Succession Law - Revocation of Probate - Grounds for Revocation - Indian Succession Act, 1925, Section 263 - The court held that the probate was granted without issuing citation to the legal heirs, which is a just cause for revocation. The appellant was not aware of the probate proceedings and the consent of her mother was obtained under false pretenses, thus justifying the revocation of probate (Paras 36-37).
Issue of Consideration
Whether sufficient grounds were made out in the application for revocation of probate filed by the appellant and whether the High Court committed error in rejecting the application.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court, and granted the application for revocation of probate, reviving the probate proceedings for further consideration.
Law Points
- Revocation of probate
- Citation requirements
- Consent of legal heirs
- Discretion of District Judge
- Delay in filing application
