In Brief
A widow (Gertie Mathias) obtained probate of her late husband's will bequeathing all assets to her in 1960. Thirty-six years later, their daughter sought revocation on grounds that: (1) citation should have been issued at the location of the property; (2) the grant was fraudulent; and (3) probate should have been granted in 'solemn form'. The Supreme Court dismissed the petition, holding that non-issuance of citation at that location did not substantially defect the proceedings, no cogent evidence of fraud was produced, and no distinction between common and solemn form exists in Indian law. The application was also barred by limitation (3 years under Article 137), having been filed 31 years after the daughter attained majority.
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