Petition For Revoking Grant Of Probate, Letters Of Administration, Certificate

Petition For Revoking Grant Of Probate, Letters Of Administration, Certificate

In the matter of revoking grant of probate of will or letters of administration of the property, or, in of deceased The humble petition of A (state full name, address with nationality)the deceased was ruled by Hindu Succession Act 1956 and on his death he left the following and no other persons as successors and legal representatives (state, name, address, age with relationship).petitioner being a son of the deceased bear right to share in the property of deceased.That petitioner was mostly surprised on knowing on the day of  that the Respondent  has had on the  day o. got probate of a pretended will (which being absolutely a forged document prepared by the said respondent) alleged to have been made/published by the deceased on the day  of which he never heard excepting first time as on the day and of which he had no means of knowledge of the proceedings with respect .

5. That petitioner was not served with any citation or any other notice nor had any intimation concerning the grant of probate of said purported will.

6. That the said will is also unkind and hard because it has left out all near relations, including petitioner, and purports to give the entire property unto and favouring respondent No. 1 and thereby depriving petitioner with other successors from their legal rights and shares in the property.

7. That in the circumstances and per ends of justice petitioner is advised and he kindly submits that this court might be pleased to revoke granting of probate.

8. That this application is made bona fide.

Petitioner therefore prays for an order revoking probate of the said will.

Verification

he .resident at being the of the named solemnly declare and say that statements contained in the paragraphs  petition and are true to his best knowledge and the rest are  kind submissions to this Learned Court.

Under Section 216, upon the grant of probate or Letters of Administration, no other than the person to whom probate or letters of administration have been granted shall have power to sue or prosecute any suit or act as representative of the deceased until the probate or Letters of Administration are revoked

person to whom the grant was made shall forthwith deliver up the probate or letters to the court which made ..... the lettersof administration in spite of the repeated direction by this court amounts to contempt of court.28. this court is also aware of section 296 of the indian succession act1925, which is as follows:"section 296surrender of revoked probate or letters of administration.-(1)when a grant of probate or letters of administration is revoked or annulled under this act, the ..... the grant.(2)if such person wilfully and without reasonable cause omits so to deliver up the probate or letters ..... has to be read along with order xxv rule 65 of the madras high court original side rules. while section 296 is a penal provision for not surrendering the revoked probate or letters of administration,

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