Daily Email Newsletter (Sign-up Free)

Section 263 Succession Act 1925: Revocation or annulment for just cause

Section 263 (Revocation or annulment for just cause) under Chapter III (Alteration and Revocation of Grants) of Part IX (Probate, Letters of Administration and Administration of Assets of Deceased) of the Indian Succession Act, 1925

❝The grant of probate or letters of administration may be revoked or annulled for just cause.

Explanation.—Just cause shall be deemed to exist where—
 (a) the proceedings to obtain the grant were defective in substance; or
 (b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or
 (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or
 (d) the grant has become useless and inoperative through circumstances; or
 (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect.

Illustrations

 (i) The Court by which the grant was made had no jurisdiction.

 (ii) The grant was made without citing parties who ought to have been cited.

 (iii) The will of which probate was obtained was forged or revoked.

 (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him.

 (v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered.

 (vi) Since probate was granted, a later will has been discovered.

 (vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will.

 (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind.❞




..............................................................

Notes:

The Indian Succession Act, 1925 was amended by from time to time by:
- the Indian Succession (Amendment) Act, 1926 (37 of 1926);
- the Indian Succession (Second Amendment) Act, 1926 (40 of 1926);
- the Repealing and Amending Act, 1927 (10 of 1927);
- the Repealing Act, 1927 (12 of 1927);
- the Indian Succession (Amendment) Act, 1927 (18 of 1927);
- the Indian Succession (Amendment) Act, 1928 (14 of 1928);
- the Indian Succession (Amendment) Act, 1929 (18 of 1929);
- the Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929);
- the Indian Succession (Amendment) Act, 1931 (17 of 1931);
- the Amending Act, 1934 (35 of 1934);
- the Government of India (Adaptation of Indian Laws) Order, 1937;
- the Repealing Act, 1938 (1 of 1938);
- the Indian Succession (Amendment) Act, 1939 (17 of 1939);
- the Berar Laws Act, 1941 (4 of 1941);
- the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
- the Indian Succession (Amendment) Act, 1949 (35 of 1949);
- the Adaptation of Laws Order, 1950;
- the Part B States (Laws) Act, 1951 (3 of 1951);
- the Repealing and Amending Act, 1952 (48 of 1952);
- the Repealing and Amending Act, 1953 (42 of 1953);
- the Union Territories (Laws) Amendment Act, 1956 (68 of 1956);
- the Indian Succession (Amendment) Act, 1957 (34 of 1957);
- the Indian Succession (Amendment) Act, 1962 (16 of 1962);
- the Repealing and Amending Act, 1964 (52 of 1964);
- the Delegated Legislation Provisions (Amendment) Act, 1983 (20 of 1983);
- the Indian Succession (Amendment) Act, 1991 (51 of 1991);
- the Repealing and Amending Act, 2001 (30 of 2001);
- the Indian Succession (Amendment) Act, 2002 (26 of 2002).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.