Revocation of Succession Certificate

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

The Hon’ble Supreme Court on 6^th May, 2020 passed the following orders in Suo Moto Writ (Civil) No. 3 of 2020:

• All periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) and under section 138 of the Negotiable Instruments Act 1881 (“Negotiable Instruments Act”) shall be extended with effect from 15^th March, 2020 till further orders to be passed by the Supreme Court.
• In case the limitation has expired after 15^th March, 2020, then the period from 15^th March, 2020 till the date on which the lockdown is lifted in that jurisdictional area where the dispute lies or where the cause of action arises, shall be extended for a period of 15 days after the lifting of lockdown.

The above order has been passed:

1. taking into consideration the effect of the COVID 19;
2. to obviate the resultant difficulties being faced by lawyers and litigants; and
3. to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court.