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april 1990

Supreme Court of India · 1990-04-12

ELIZABETH ANTONY vs MICHEL CHARLES JOHN CHOWN LENGERA

Citation / case number
SC 1985/67095
Court
Supreme Court of India
Petitioner
ELIZABETH ANTONY
Respondent
MICHEL CHARLES JOHN CHOWN LENGERA
Author
K. JAYACHANDRA REDDY
Bench
K. JAYACHANDRA REDDY

Judgment text excerpt

The Supreme Court dismissed the petition challenging the lower courts' decisions regarding the caveatable interest in a probate matter under the Indian Succession Act, 1925, specifically Sections 263 and 288. The Court held that granting probate does not resolve title disputes and that findings on caveatable interest are limited to the probate context, allowing for revocation under Section 263. The petitioner failed to substantiate her caveatable interest as neither the will nor the gift-deed was filed, and the Trust had ceased to exist.

ELIZABETH ANTONY vs MICHEL CHARLES JOHN CHOWN LENGERA · Niyam