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2017 (11) TMI 1918 - SC - Indian LawsApplication for revocation of grant of probate - Appellant herein did not initiate any action either against her mother or against her other siblings in respect of the Will and the probate in question till the year 1996 - time limitation - HELD THAT:- In the absence of any evidence on record showing prejudice because of non issuance of citation at Chikmagalur, and in the absence of any evidence-much less cogent evidence-to prove fraud and undue influence, we conclude that the Trial Court as well as the High Court is justified in concluding that there is no just cause for revocation of grant of probate Under Section 263 of the Indian Succession Act - The Appellant's application for revocation of grant of probate was highly belated. The District Court as well as the High Court is correct in holding that the Appellant's application for revocation of grant of probate is hopelessly barred by limitation. As there is no provision under the Limitation Act specifying the period of limitation for an application seeking revocation of grant of probate, Article 137 of Limitation Act will apply to the case in hand. In this matter, the Appellant was a minor at the time of grant of probate. She attained majority on 09.09.1965. She got married on 27.10.1965. In our considered opinion, three years limitation as prescribed Under Article 137 runs from the date of the Appellant attaining the age of majority i.e. three years from 09.09.1965. The Appellant did not choose to initiate any proceedings till the year 25.01.1996 i.e., a good 31 years after she attained majority. No explanation worthy of acceptance has been offered by the Appellant to show as to why she did not approach the Court of law within the period of limitation. At the cost of repetition, we observe that the Appellant failed to produce any evidence to prove that the Will was a result of fraud or undue influence. The same Will has remained un-challenged until the date of filing of application for revocation. No acceptable explanation is offered for such a huge delay of 31 years in approaching the Court for cancellation or revocation of grant of probate. The District Court as well as the High Court is justified in dismissing the application of the Appellant for revocation of grant of probate - Appeal dismissed.
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