In Brief
After her father's death in 1959, the respondent received a grant of probate under his will bequeathing all assets to her. The appellant daughter, who attained majority in 1965, filed an application for revocation of probate after 36 years claiming it was obtained fraudulently and that proper citation had not been issued. The courts dismissed her application both on merits and limitation grounds. The Supreme Court held that non-issuance of citation in the district where property is located is not a material defect when all parties lived in another city. The distinction between common and solemn form probate in English law does not apply in India. The allegation of fraud lacked specific particulars and cogent evidence. The application was barred by the three-year limitation period under Article 137 of the Limitation Act. The appeal was dismissed.
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