Petition under Section 263 of the Indian Succession Act,
1925 for revocation of Probate / Letters of Administration in
PC 452/06 titled as Manish ... petition under Section 263 of the Indian
Succession Act, 1925 for revocation of Probate / Letters of
Administration granted on 29.01.2007 in Probate Case
petition under Section 263 of the Indian
Succession Act, 1925 for revocation of Probate granted vide
Judgment dated 24.03.2004 in Probate Case ... assumed that the testator had died intestate. A person applying
revocation of Probate or Letters of Administration must have an
interest in the estate
assumed that the testator had died intestate. A person
applying for revocation of Probate or Letters of Administration must
have an interest in the estate ... appellants had no locus
standi to ask for the revocation of the probate.
26. In another case titled as Smt. Sima Rani Mohanty Vs. Pushpa
Facility Center,
Pitampura, Delhi-34
............ Petitioner.
Versus
State.
............ Respondent.
APPLICATION FOR REVOCATION OF PROBATE
GRANTED VIDE DATED 23.09.1998
APPLICANTS:-
i) Smt. Ram Kali ... Shiv Kumar.
JUDGMENT
1. This is a petition for revocation of probate granted to
petitioner vide judgment dated 23.09.1998 in respect of Will dated
rejection of the
revocation application on the ground that the revocation application
is time barred because the citation of the probate petition was
published ... years, whereas the revocation application was filed in the
year 2015; that the revocation applicants had full knowledge of the
probate case as their brother
said Probate granted to appellant and said Probate was revoked; the
appellant had filed an F.A.O. against revocation of the Probate ... Indian Succession
Act Ex.PW1/6 for revocation of the said Probate and and operation of
grant of probate was stayed vide order dated
Petition U/S 263 of Indian Succession Act for revocation of
probate granted on basis of Will)
***********************************
JUDGMENT: -
Non-applicant Smt. Bhanwari Devi claiming herself ... petition, applicant described number of facts
which create just cause for revocation of probate.
Non applicant denied those allegations in her reply
settled principle of law that the person applying for
revocation of probate or letter of administration must have an interest
in the estate ... order to have the locus standi to
apply for revocation of the probate, a person must have an interest in
the estate of the deceased
sufficient to entitle a person to make an
application for revocation. Whether revocation will be granted or not is
a different matter, for it would ... that in order to have the locus standi to apply for
revocation of probate, a person must have an interest in the estate
during his
cross, on 18.8.06, in the instant proceedings for revocation/annulment
of probate,has deposed that he was told by the testator Ms. Munawar ... therefore, answered in the affirmative.
RELIEF :
Petition seeking revocation/annulment of probate/Letters of
Administration is allowed. Letters of Administration granted vide
judgment dated
