RAJIV RAMPRASAD GUPTA Vs. RUSTOM SAM BOYCE

JUDGEMENT

(1.) THIS is a petition under section 263 of the Indian Succession Act, 1925 for revocation of the grant of probate made in favour of the respondent in Petition No. 987/2002. The relevant facts necessary for deciding this petition may be briefly stated as under:

(2.) ONE Dr. Mrs. Roshan Sam Boyce died intestate at Mumbai on 19th day of November 2001, leaving behind her a sister and two brothers as her only legal heirs. The deceased had made a Will dated 21st June, 1989 under which she had appointed the respondent as sole executor. The respondent is the natural son of the sister of the deceased and according to him, he was adopted by the deceased. The deceased left behind her certain properties including a house called "villa Hormuzd" situate at 8-A, Carmichal Road, Mumbai-400 026. It appears that the said house was in occupation of one Ramprasad Gupta, who claimed to be the tenant in the said property. The respondent being the sole executor, filed Petition No. 987/2001 for grant of probate. The said petition was opposed by the said Ramprasad Gupta who filed a caveat. The petitioner then took out Chamber Summons No. 431/2002, praying for discharging the caveat filed by the said Ramprasad. This Court by its order dated 13th June, 2002 made the said chamber summons absolute and discharged the caveat filed by the said Ramprasad, holding that he did not have any caveatable interest in any of the properties of the deceased. No appeal was preferred against the dismissal of the said caveat. Consequently, probate was granted in favour of the present respondent as prayed for.

(3.) THE petitioner is the son of the said Ramprasad Gupta and he has filed the present petition for revocation of the said grant on the ground that the purported Will dated 21st June, 1989 set up by the respondent is a forged and fabricated document and that respondent is not entitled to grant of probate upon it. The petitioner has pointed out that his father Ramprasad Gupta was the tenant of the above mentioned house and that he had filed during his life time R. A. D. Suit No. 913/1987 in the Small Causes Court at Mumbai for a declaration of his right as tenant. It appears that the said Ramprasad Gupta died on 27th August, 2002, leaving behind him the petitioner as his sole heir.