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1 - 7 of 7 (0.24 seconds)The Limitation Act, 1963
Mrs. Lynette Fernandes W/O C.F.G. ... vs Mrs. Gertie Mathias (Since Dead By Lrs. ... on 30 November, 2006
3.(2018) 1 Supreme Court Cases 271 [Lynette Fernandes vs. Gertie Mathias]
Lynette Fernandes vs Gertie Mithias (D) By Lrs. on 8 November, 2017
In this regard the Apex Court in Lynette Fernandes vs. Gertie Mathias reported in (2018) 1 Supreme Court Cases 271, has held as follows:
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
"13 The Appellant has not been able to show any evidence to establish that the citation was not served upon her. We find it difficult to accept on her mere statement that the citation was not served upon her, particularly in view of the records of the testamentary department of the Court and the fact that probate was granted more than 38 years ago. So far as the decisions of the Supreme Court in the matter of Kunvarjeet Singh (supra) is concerned, the same dealt with the issue of grant of probate and not with revocation of probate. In any case, in the facts of the present case in the absence of the Appellant being able to show that citations were not served upon her and she was kept in dark about the Will dated 28 March, 1964, the provision of Section 263 of Indian Succession Act, 1925 is not satisfied. Moreover, one must keep in mind that a grant of probate by a Competent Court operates as a judgment in Rem and once the probate to the Will is granted, then the said probated Will is good not only in respect of the parties to the proceedings, but against the whole world. Therefore, if the probate is granted, the same operates in Rem and time runs from the date of the grant of the probate for purposes of limitation under Article 137 of the Limitation Act in proceedings for revocation of probate. "
The Hindu Succession Act, 1956
Section 263 in The Indian Succession Act, 1925 [Entire Act]
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