SUBBARAJ Vs. S. RAJENDRAN

JUDGEMENT

(1.) The appellant herein filed an application in A.No.1663 of 2012 in O.P.No.341 of 2010 before the learned Single Judge of this Court praying to revoke the grant of probate of Will dated 7.02.2007 made in O.P.No.341 of 2010. The learned Single Judge, by Order dated 31.10.2012 dismissed the Original Application. Challenging the same, the appellant has come up with this appeal.

(2.) We have heard the learned Counsel for the appellant and the learned counsel for the respondent and we have also perused the records carefully.

(3.) The Original Petition in O.P.No.341 of 2010 was filed by the respondent herein, seeking grant of probate in respect of the Will dated 07.02.2007 executed by one Ms. S. Sulochana. Accordingly, Probate was granted. The appellant alleges that he was not aware of the proceedings in O.P No.341 of 2010, which was filed by the respondent, seeking probate. However, he came to know of the grant of Probate subsequently and thereafter, he filed an application in A.No.1663 of 2012, seeking to revoke the same. According to him, Ms. S. Sulochana had executed a Registered Will dated 06.11.2006 in favour of the appellant. It is his further contention that the Will, for which, Probate was granted in favour of the respondent, is a forged Will and the Will in favour of the appellant is the last will of the deceased Sulochana. The appellant also raised few more grounds for revocation of the Will, as referred under Sec. 263 of the Indian Succession Act.