AIR 2011 MADRAS 269Judgement 2011Appeal 2011

E. Sankaran v. Mrs. Krishnaveni

Appellant

E. Sankaran

Respondents

Mrs. Krishnaveni

Bench

Hon’ble Justice R. Banumathi and Periya Karuppiah, JJ

Facts of the case

This case revolves around the Application made under Section 263 of the Indian Succession Act for revocation of a grant of probate, to which the Applicant was completely a third party. The Application made was dismissed on the grounds that he does not have an authority to bring such Application as he was a third party to the concerned proceedings in this case. Aggrieved by this decision, this individual filed an appeal.

Issue before the court

Whether a party who does not hold a claimable interest in a Will can apply for revocation of the grant of probate ?

Judgement

The court held that the appeal is allowed and the order passed by the Learned Single Judge is set aside. The Court stated that “we could find that the revocation application can be filed by any person whose interest is affected by an order of grant of probate to invoke provisions of Sec 263 of the Indian Succession Act and if those provisions are satisfied, an order has to be passed under the said Sec. 263 of the Indian Succession Act.”

Key takeaways

Judgments relied upon:

Elizabeth Antony v. Micheal Charles John (AIR 1990 SC 1576): It was held that any interest, however slight, and even a bare possibility of an interest, is sufficient to entitle a person to enter a caveat in a probate proceeding.

Basanti Devi v. Raviprakash Ramprasad Jaiswal [2008 (1) CTC 698 (SC)]: Persons who ought to have been cited as parties in the probate proceedings, if not cited, would also lead to revocation. A person who is aggrieved and had no knowledge about the proceedings, and proper citations were not made, is entitled to file an application for revocation of probate on such grounds as may be available to him.

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