Probate revocation for ineffective citation and suspicious will circumstances where the propounder cannot prove genuine execution.
Probate revocation may follow where citation is not effectively served on interested parties, because the grant is then obtained without giving them a real opportunity to oppose it or ensure proper representation of a minor. In that setting, the propounder must establish the genuineness of the will. The text also notes that suspicious circumstances, including an unregistered document, weak attestation, inadequate drafting proof, and inconsistency with the testator's presence and conduct, may support a finding that the will was not truly executed by the testator and justify revocation of probate.
Issues: (i) whether the citation in the probate proceedings was effectively served on the minor and her mother, and whether they were properly represented; (ii) whether the alleged will was genuine or forged.
Issue (i): Whether the citation in the probate proceedings was effectively served on the minor and her mother, and whether they were properly represented.
Analysis: Section 50 of the Probate and Administration Act, 1881 allowed revocation where the grant was obtained without citing parties who ought to have been cited. The evidence did not establish effective service on the mother, and the alleged service, even if some formality was observed, did not give a real opportunity to oppose the grant or require proof of the will in the presence of an independent guardian. In the circumstances, the minor could not be treated as properly represented in the probate proceedings.
Conclusion: The issue was decided in favour of the appellant.
Issue (ii): Whether the alleged will was genuine or forged.
Analysis: Once the probate was shown to have been obtained without effective citation, the burden lay on the propounder to establish genuineness. Independently of burden, the surrounding circumstances were suspicious: the will was unregistered, unproved by reliable attestation, unsupported by proper drafting evidence, and inconsistent with the testator's position and conduct. The evidence established that the testator was at Patna on the alleged date of execution, not at Bihar, and the document was not his genuine will.
Conclusion: The issue was decided in favour of the appellant.
Final Conclusion: The probate was liable to be revoked and the High Court's decision was set aside, with restoration of the District Judge's order.
Ratio Decidendi: In proceedings for revocation of probate, where citation was not effectively served on interested parties, the propounder must establish the genuineness of the will, and probate will be revoked if the document is found to be fabricated or not truly executed by the testator.
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