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november 2017

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.

LYNETTE FERNANDES vs GERTIE MITHIAS (D) BY LRS. · Niyam