MANIBHAI AMAIDAS PATEL Vs. DAYABHAI AMAIDAS

JUDGEMENT

(1.) Leave granted.

(2.) The question to be decided in this appeal is whether the courts below were justified in dismissing the appellants' application for revocation of probate granted to the respondent. The appellants and the respondent are three of the sons of one Amaidas Patel and Amaidas had two other sons, namely, Ratilal and Thakur Bhai, who are both dead. Ratilal predeceased his father and was survived by his widow Shantaben. Amaidas died on 20.02.1985.

(3.) On the allegation that Amaidas had executed a Will on 3.11.1982 in the respondent's favour, the respondent applied for probate of Amaidas's Will on 16.02.2002. In the application for grant of probate, the respondent did not mention the fact that Amaidas had left behind him any other heirs when he died. In fact, in the cause title in the probate application, the opposing parties have been described as "nobody".