M A SREENIVASAN Vs. H V GOWTHAMA

JUDGEMENT

(1.) THE above petition is filed under Section 263 of the Indian Succession Act (for short hereinafter referred to as the Act) for revocation of the probate of the will dated 15. 3. 1992.

(2.) ONE Sri. M. A. Krishnamachari was the owner of the properties in question. Second respondent herein is the only daughter. He executed a will dated 15. 11. 1989 bequeathing all the properties in her favour, and appointed the first respondent as the executor. He died on 15. 2. 1991. Thereafter the first, respondent, executor, filed a petition for grant of probate before this Court in C. P. No. 1/92. The petition was admitted, citation was ordered. There was no contest. The Court passed an order on 15. 3. 92 granting probate.

(3.) THE petitioner herein who is the only son of the second respondent claims, late Sri. M. A. Krishnamachari has executed a deed of settlement dated 6. 4. 1990 under which he had settled all the properties covered under the will in his favour. On the day Sri. M. A. Krishnamachari died he was not the owner of these properties. Therefore he contends that the respondents taking advantage of his absence from the country have clandestinely obtained the said probate behind his back and therefore the same is liable to be revoked as his interest is being affected by the aforesaid grant of probate.