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Supreme Court of India 2019-02-26 allowed

Joseph Easwaran Wapshare & Ors vs Shirley Katheleen Wheeler

Bench: 2 — R.F. Nariman

In Brief

The appellant obtained a Succession Certificate for the intestate estate of Gorden Wapshare, his deceased father. The respondent, claiming to be the daughter of Beatrice (wife of Edward Wapshare, brother of the deceased), sought to revoke the certificate. The Supreme Court held that the respondent had no standing to do so, being neither a family member nor a lineal descendant of the deceased. Under the Succession Act, intestate property passes only to the widow and lineal descendants. The Court confirmed that no grounds for revocation under Section 383 were satisfied and restored the Sub-Judge's order dismissing the revocation application.

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Succession Law Succession Certificate Locus Standi Lineal Descent Intestate Succession Revocation Civil Procedure

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