Supreme Court of India · 2007-10-12
BASANTI DEVI vs RAVIPRAKASH RAMPRASAD JAISWAL
- Citation / case number
- SC 2006/31279
- Court
- Supreme Court of India
- Petitioner
- BASANTI DEVI
- Respondent
- RAVIPRAKASH RAMPRASAD JAISWAL
- Author
- HARJIT SINGH BEDI S.B. SINHA
- Bench
- HARJIT SINGH BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the maintainability of an application under Section 263 of the Indian Succession Act for revocation of probate, emphasizing that the absence of the appellant's name in the original probate application does not preclude such a challenge. The Court held that the appellant's claim regarding a subsequent will executed by Lakhpati Devi must be considered, as it raises substantial questions about the validity of the probate granted. Consequently, the Court allowed the appeal, permitting the appellant to contest the probate based on the alleged later will.