#probate revocation

The Bombay High Court revoked probate granted to an executor who deliberately omitted the deceased’s biological son from disclosure, ruling that concealment of a known heir vitiates the probate process. Birth certificates and personal correspondence from the deceased are sufficient to establish prima facie heirship, reinforcing that probate is not a tool for excluding rightful successors.

The Supreme Court holds that constructive notice through revenue mutation proceedings, even without direct service, starts the three-year limitation clock under Article 137 for challenging a probate. This binds all heirs and successors who should have reasonably discovered the probate through public records, reshaping how probate challenges are timed across India.

Bombay High Court enforces a 55:45 split of pension, gratuity, and PF between two wives of a deceased employee, binding MTNL to the consent terms. The ruling underscores the legal validity of private agreements in inheritance disputes, even where probate proceedings are contested, and prioritizes medical urgency in disbursement.

Bombay High Court holds that probate may be revoked under Section 263 of the Indian Succession Act if a Class II legal heir was not cited, even without proof of fraud.

Bombay High Court holds that fraud in obtaining probate invalidates the grant even if petitioner lacks caveatable interest, reinforcing judicial duty to nullify deceitful succession claims.