Supreme Court of India · 2017-11-08
LYNETTE FERNANDES vs GERTIE MITHIAS (D) BY LRS.
- Citation / case number
- SC 2007/9457
- Court
- Supreme Court of India
- Petitioner
- LYNETTE FERNANDES
- Respondent
- GERTIE MITHIAS (D) BY LRS.
- Author
- HON'BLE MR. JUSTICE ARUN MISHRA
- Bench
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the dismissal of the appellant's application for revocation of probate under Section 263 of the Indian Succession Act, 1925. The Court found that the appellant's claim was barred by limitation, as it was filed 36 years after the grant of probate, and no evidence of fraud was presented. The Court held that the probate was validly granted to the mother, as she was the sole beneficiary under the Will, and the procedural objections raised by the appellant were without merit.