RAANA HARIPADA ROY Vs. SUBHASH CHANDER REWARI

JUDGEMENT

(1.) By this petition, petitioner seeks revocation of grant of probate dated 10th May, 2006 issued by this Court in respect of the Will dated 8th November, 2002 of the deceased Mr.Haripada Roy who died on 25th November, 2002. The petitioner is the son of the said deceased.

(2.) It is not in dispute that one of the executors named in the Will Mr.Subhash Chander Rewari had filed petition (436 of 2005) in this court inter alia praying for probate of the Will dated 8th November, 2002. Consent affidavits of Mrs.Bani H.Roy, Ms.Shobha Mukherjee and the present petitioner i.e. Mr.Rana H. Roy were filed. Deponents of the affidavits have deposed that they were aware that the said deceased died on 25th November, 2002 and had left a Will dated 8th November, 2002. The deceased had appointed Mrs.Bani H.Roy, Mr.Subhash Chander Rewari and Mr.Durga Shankar Sharma as executrix/executors of the estates of the said deceased and Mr.Subhash Chander Rewari had appointed M/s. Rajani Associates, Advocates and Solicitors to apply for the probate of the estate of the deceased. In paragraph (4) of the said affidavit, deponents including the petitioner gave their no objection and gave their full and free consent that the probate be granted in favour of Mr.Subhash Chander Rewari without service of any citation/notice upon them and without justifying any surety in respect of their share in the estate of the deceased. Signature of the petitioner was identified by the solicitor M/s. Rajani Associates who had filed that petition. In view of the consent affidavit filed by the all the legal heirs of the deceased, this court granted probate in favour of the executor on 10th May, 2006.

(3.) The petitioner has filed this petition on 27th June, 2013 inter alia praying for revocation of the grant of probate on various grounds. Mr. Kantawala, learned counsel appearing for the petitioner invited my attention to the grounds raised in the petition. It is submitted that there was gross delay in filing probate petition.