Bombay High Court Clarifies Scope of 'Just Cause' in Revocation of Probate Grants

Division Bench rules that explanations under Section 263 of the Indian Succession Act, 1925, are illustrative, allowing broader judicial discretion.

In a significant ruling, the Bombay High Court has provided clarity on the interpretation of 'just cause' under Section 263 of the Indian Succession Act, 1925. The court held that the explanations listed in the section are illustrative and not exhaustive, thus allowing courts broader discretion to determine 'just cause' for revoking or annulling grants of Probate or Letters of Administration.

The decision came in the case of Sarwan Kumar Jhabarmal Choudhary v. Sachin Shyamsundar Begrajka, where the Division Bench comprising Justices M. S. Karnik and N. R. Borkar reviewed the applicability of the explanations under Section 263. The court ruled that the circumstances outlined in explanations (a) to (e) are not the only scenarios constituting 'just cause', thereby enabling the judiciary to consider other factual circumstances that may warrant revocation or annulment.

The case stemmed from a testamentary petition filed by Sachin Shyamsundar Begrajka for the grant of probate of a will executed by the deceased Rajesh Chowdhary. Sarwan Kumar Jhabarmal Choudhary, the petitioner, sought the revocation of the probate on grounds including procedural defects and suspicious circumstances surrounding the testator's death.

The court rejected the restrictive interpretations from previous judgments, namely George Anthony Harris v. Millicent Spencer and Sharad Shankarrao Mane v. Ashabai Shripati Mane, which had held the explanations to be exhaustive. The Division Bench upheld the view of Justice Manish Pitale, affirming that the explanations should not limit the court's ability to ensure justice.

This ruling emphasizes the judiciary's role in preserving the integrity of probate proceedings and preventing fraud or procedural unfairness. By recognizing the illustrative nature of the explanations, the court has reinforced its commitment to justice in varied factual scenarios.

Bottom Line:

Indian Succession Act, 1925, Section 263 - Interpretation of 'just cause' for revocation or annulment of probate or letters of administration - Explanations (a) to (e) are illustrative and not exhaustive - Circumstances outside these explanations can still constitute 'just cause'.

Statutory provision(s): Indian Succession Act, 1925, Section 263

Sarwan Kumar Jhabarmal Choudhary v. Sachin Shyamsundar Begrajka, (Bombay)(DB) : Law Finder Doc Id # 2795517