CAN A GRANT OF SUCCESSION CERTIFICATE BE REVOKED?
Yes, Grant of Succession Certificate or Probate or even a grant of Letter of Administration can be revoked. There is a provision for Revocation of an order of grant of a probate or a letter of administration or a certificate granted for succession.
Section 383 enumerates the grounds on which a Succession Certificate may be revoked.
Clause (a) provides for revocation if the proceeding itself were defective, but at the same time, words ”defective in substance” has been incorporated which means the defect in conducting proceeding must be such so as to influence the grant of the certificate or to cause of prejudice to any party. A formal technical defect would be suffice revocation.
Similarly, clause (b) prescribes two grounds. It first says that a certificate may be revoked if it is obtained fraudulently. In the latter portion clause (b) says that the certificate may be revoked if some facts have been concealed. The phrase “Something material to the case” sufficiently indicates that the concealment of fact must materially affect the proceedings, in other words, it may be said that if some facts could lead the court to refuse the grant of certificate concealment of those facts may be taken as materially affecting the case. Likewise if because of concealment of some facts the court could not safeguard the interest of some relatives of the deceased, those facts materially affect the case.
Article 137 of the Limitation Act, 1963, which requires the application to be filed within 3 years from the date when the right to apply accrues.
Ramesh Nivrutti Bhagwat Vs Surendra Manohar Parakhe MANU/SC/1392/2019
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