Can probate of will be revoked in scenarios not covered by Section 263, Succession Act? Bombay High Court to examine

In a recent order, Justice Manish Pitale of the Bombay High Court referred to a larger Bench the question of whether Section 263 of the Indian Succession Act and its illustrations are exhaustive regarding "just cause" for revoking probate.

This arose from a case where the petitioner contested the probate granted to the respondent, arguing it was obtained under suspicious circumstances and his caveat was dismissed due to procedural lapses. Justice Pitale noted conflicting interpretations of Section 263 in previous judgments and aligned with the Madras High Court and Supreme Court's view that the explanations are illustrative.

The matter will now be decided by a larger Bench. Meanwhile, the probate granted to the respondent is stayed.