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When can probate be revoked? Supreme Court clarifies rules
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When can probate be revoked? Supreme Court clarifies rules

The Indian Express·Amaal Sheikh·about 1 month ago
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A Supreme Court bench comprising Justices Ujjal Bhuyan and Vipul M Pancholi set aside a Madras High Court order that had restored the probate grant, holding that the grant was obtained by suppressing material facts and without citing parties who had a direct interest in the estate.  The case pertained to properties in Coimbatore, originally owned by Eswaramurthy Gounder. In January 1976, he allegedly executed an unregistered will in favour of his daughter Sarojini; 6 weeks later, he and his sons sold the same properties through a registered sale deed. He later died in 1983. In 1997, the appellants purchased the properties from the legal heirs of the 1976 buyers. In April 2009, Sarojini filed for probate of the 1976 will before the district court. She impleaded only her two sisters. Her two brothers, also the legal heirs, were not made parties to the case. Neither were the appellants who held registered title to the properties.  The district court granted the probate in 2009.…

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