RICHARD CHARLES MENASSE RETIRED Vs. CHERYL MARGURITE SOGGEE

JUDGEMENT

(1.) THE appellant being aggrieved of the Order of dismissal passed in prob. C. p. No. 16 of 1990 elated 31-10-1996 by the learned single judge has preferred this appeal.

(2.) THE brief facts are as follows : that a will and testament, dated 17-11-1987 was executed by Mrs. Hildred joyce faithful w/o late Mr. Joseph alexander faithful bequeathing her immovable property situated at No. 20, cubbon road, bangalore for charitable purpose by appointing her cousin Mrs. Certrude june dalby and Mrs. Cheryl margurite soggee as executors to carry out her last wishes as per the will. The testatrix Mrs. Hildred joyce faithful died on 31-10-1988. Thereafter, the first executrix under the will namely, Mrs. Certrude june dalby also died. Consequent to her death, the second executrix Mrs. Cheryl margurite soggee filed a petition in prob. C. p. No. 4 of 1989, for grant of probate. That by an Order dated 16-6-1989, this court granted probate of the said will in favour of Mrs. Cheryl margurite soggee after complying with the procedure laid down by issuing citation etc.

(3.) THE appellant being aggrieved of the grant of probate in prob. C. p. No. 4 of 1989 filed prob. C. p. No. 16 of 1990 under Section 263 of the Indian succession ACT for revocation of the probate granted firstly on the ground that he is the real brother of the first executrix Mrs. Certrude june dalby mentioned in the will who died subsequently and that he is nearer relative of the deceased testatrix Mrs. Hildred joyce faithful wherein she has described Mrs. Certrude june dalby as her cousin in the will. Secondly, on the ground that no citation was issued to him though he is the nephew of the deceased Mrs. Hildred joyce faithful and thirdly on the ground that the testator died within 12 months from the date of the execution of the will and the will was not deposited within 6 months.