In Brief
Manju Puri sought revocation of probate granted in 1982 in relation to a Will of Surjan Singh Randhawa that benefited his eldest daughter at the expense of his younger daughter (Puri's mother). The probate was granted without issuing citation to the disinherited daughter, relying on an alleged no-objection certificate. The Supreme Court held that although the law vests discretion in courts to issue citations, this discretion must be exercised with proper care when a Will alters property devolution and is probated decades after execution. The Court found the alleged consent questionable given the later filing of a partition suit without reference to the probate. The probate was revoked and the matter remitted to the High Court for fresh consideration.
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