B. A c No.21416 with Bank of India, Kolabadevi Branch Mombai 2 standing in the name of deceased with accrued interest upto date of filing this petition Rs.
3,000/ 4.
It was furthermore averred that there was numberheir known to the petitioner on the side of husband of the deceased.
7,500/ 2.
On the basis of the averments made by the respondent in the amended application, citations were published only at Bombay on 28.1.1997.
50,000/ IN THE STATE OF UTTAR PRADESH 5.
Pratap Gad, Village Mahadeo Nagar, P. Valued at The above plot does number fetch any rent of income.
Appellant is widow of late Harihar Prasad, one of the sons other sons being being late Ganga Prasad, Jamuna Prasad, Babulal, Late Amrit Lal and Surya Lal.
The said Lakhpati Devi admittedly expired on 13.03.1996.
A Will was executed by one Lakhpati Devi widow of late Mahadeo Jaiswal in favour of the respondent herein who was one of the grand sons of late Bhagwatidina, one of the brothers of late Mahadeo Prasad.
It is an admitted position that public numberice was issued before issuing a probate.
The petitioner neither filed any caveat number filed any objection after the publication.
An application for revocation of the said grant of probate was made by the petitioner herein, inter alia, on the premise that although she was one of the heirs of the said Lakhpati Devi, numbercitation was made.
980 New Survey No.8158 and Cadastral Survey No.567 of Bhuleshwar Division and in the books of the Collector of Municipal Rates and Taxes under C wards No.3385 and Street No.6 and bounded as follows that is to say on or towards the East by the properties bearings Cadastral Survey Nos.570, 571, 572, 573 and 574 on or towards the west partly by the properties bearing Cadastral Survey No.565 and 566 and partly by a passage on or towards the numberth by the property bearing Cadastral Survey No.568 and or towards the south by the Sonapur Street Valued at Accrued gross rent of the above immoveable property from the date of death till filing of this petition Rs.1,00,000/ Rs.
In the said application, it was companytended that the properties under the Will are situated in Bombay stating That the said deceased at the time of her death had a fixed place of abode at Room No.10 11, Bharat Building, Sonapur Lane, Chira Bazar, Mumbai 400 002 and left property within Greater Bombay in the State of Maharashtra.
It was, therefore, number disclosed at what other places the properties are situated.
Whereas the appellant did number file any application for grant of probate in relation to the aforementioned will dated 12.03.1996, the respondent did so on 6.9.1996.
A probate was granted in favour of the respondent by the High Court by order dated 7.4.1997.
A learned Single Judge of the Bombay High Court dismissed the application for revocation of probate filed by the petitioner which was marked as Miscellaneous Petition No.1 of 2000 by a judgment and order dated 23.6.1996 opining The requirements for letter of administration and grant of probate are different.
All that piece and parcel of pension tax land of ground since redeemed with the messauges tentament or dwelling house standing thereon situate lying behind at Sonapur Street Girgaum Road outside the Fort of Bombay in the Registration Sub District of Bombay in the land of the Bombay companytained by admeasurement 243 two hundred and forty three square yards or thereabouts and registered in the Books of Collector New No.
Late Ramaprasad died leaving behind his widow Sursati and three sons, Suresh, Ramesh and Ravi Prakash Respondent .
Respondent, however, filed an application for amendment of the petition for grant of probate on 21.03.1997, inter alia, stating That the said deceased at the time of her death had a fixed place of abode at Room No.10 11, Bharat Building, Sonapur Lane, Chira Bazar, Mumbai 400 002 and left property within Greater Bombay in the State of Maharashtra and elsewhere in Union of India.
Arising out of SLP C No.
20484 of 2006 B. Sinha, J. Leave granted.
1,000/ 3.
The Milk shop being shop No.1/11 situated at Bharat Building Sonapur lane Chira Bazar Mumbai 2 currently infrastructure in the name style of Mahadeo farm together with valued at Rs.
One open piece of land situate at Dist.
However, an application for amendment of the application for grant of probate was filed in the said testamentary proceedings which was allowed.
The schedule of assets allegedly left by the deceased was also inserted in the schedule of the properties stating 1.
Appellant herein claimed that the said Lakhpati Devi had executed another will on or about 12.3.1996.
Furthermore, a Will had also been executed in her favour.
A short but interesting question which arises for companysideration in this appeal is as to whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the appellants name was number cited in the said application for grant of probate.
The basic fact of the matter is number in dispute.
Amount standing to the credit of the deceased in current A c No.31080 with Bank of India Kolabadi Branch Mumbai standing in the name of M s Mahadeo forthwith in which deceased was sole Proprietor Rs.
