T V RANGARAAJAN Vs. R VEERARAGHAVAN

JUDGEMENT

(1.) This application has been filed to revoke the order of probate dated 11.06.2011 granted in T.O.S.No.14 of 1998 in O.P.No.31 of 1995 on the file of this court.

(2.) The applicants, who are the grand children of one Tmt.Komalammal testatrix, filed the application to revoke the probate, only on the ground that the previous Will left by Tmt.Komalammal was suppressed and consent affidavit of the parties also created one. The Will did not contain specific recital regarding the earlier Will said to have been left by Tmt.Komalammal.

(3.) Denying the entire allegation, it is the contention of the respondent that the legal heirs of Tmt.Komalammal were added as respondents in O.P.No.31 of 1995 and notice was served on all of them. All the legal heirs who had caveatable interest had given their consent affidavits and the Will has been proved in the manner known to law. To prove the Will, the advocate who prepared the Will and the attesting witness were examined. The applicants in any event would not have any caveatable interest and it is not open for them to contend that too, sixteen years after the probate was granted, that the Will is not genuine and untrue. The application is barred by limitation and the beneficiaries under the Will are not made as parties to this application. Hence, the application is liable to be dismissed.