The High Court of Calcutta, while dismissing an application for revocation of a grant of Probate dated 22nd April 2021 to the estate of the deceased Ashesh Kumar Dhar, who died on 13th April 2018, held that the revocation of the grant of Probate can be made when it is found that it was done without citing the parties who have not been cited.
Brief Facts:
After the death of Ashesh Kumar Dhar, the respondent filed an application before this Court for the grant of Probate to the estate of the deceased Ashesh Kumar Dhar in terms of his last Will and Testament dated 27th March 2015. This Court by an order dated 12th March 2021 allowed the prayer for the grant of Probate and on 22nd April 2021 issued Probate to the respondent. Now, the applicant has filed the present application for revocation of the Probate.
Contentions of the Applicant:
The learned counsel appearing on behalf of the Applicant submitted that the respondent being the brother of the deceased, with oblique motive and in the absence of the wife of the deceased, by undue influence, fraudulently obtained an unregistered Will in his favour along with his son through the Will of the applicant is the last Will and Testament.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent submitted that the application filed by the applicant is not maintainable as the applicant does not have any right and interest in the estate of the deceased. He contended that the applicant did not demonstrate any of the grounds for revoking the probate as available under Section 263 of the Succession Act, 1925. He argued that the applicant failed to make out any case of “just cause”.
Observations of the court:
The court noted that while entertaining an application for revocation of grant of Probate or Letters of Administration, the Court finds that there exists “just cause”. Then again existence of “just cause” will not suffice, still the Court has discretion regarding, what is the “just cause” and under what circumstances, the Court may exercise discretion is not exhaustively provided in Section 263 of the Indian Succession Act, 1925.
The court observed that the revocation of the grant of Probate can be made when it is found that it was done without citing the parties who have not been cited. Non-service of Citation upon the person who ought to have been cited is also one of the grounds for revocation of the grant of Probate. Section 263 of the Indian Succession Act 1925 vests a judicial discretion in the Court to revoke or annul a grant for just cause.
The decision of the Court:
The Calcutta High Court, dismissing the petition, held that the applicant failed to establish her caveatable interest justifying revocation of the Probate granted to the respondent in terms of the Will dated 27th March 2015.
Case Title: In The Goods Of: Ashesh Kumar Dhar
Coram: Hon’ble Mr. Justice Krishna Rao
Case No.: IA No. GA 1 of 2022
Advocate for the Applicant: Mr. Sukanta Chakraborty
Advocate for the Respondent: Mr. Debmalya Ghosal
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