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Supreme Court of India 2026-04-21 allowed

S. Leorex Sebastian & Anr vs Sarojini & Ors

Bench: 2 — Ujjal Bhuyan, Vipul M. Pancholi

In Brief

A woman obtained probate for her late father's will 26 years after his death without notifying interested parties, including those who had purchased the property based on prior sales by the deceased. The District Court revoked the probate, citing procedural defects and failure to examine attesting witnesses. The High Court restored it, reasoning probate courts only determine will genuineness, not property titles. The Supreme Court allowed the appeal, holding that probate courts must ensure procedural fairness under the Succession Act. The Court ruled that subsequent purchasers have sufficient interest to be cited in probate proceedings, and the absence of proper notice and witnesses constituted "just cause" for revocation under section 263.

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Succession Law Probate Wills Procedural Defects Fraud Evidence Property Rights Constitutional Law

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