Person whose interest is adverse to interest of testator cannot file petition for revocation of Probate or Letters of Administration.
In the case of In Re: P.D. Rajan reported in AIR 1996 Madras 318, it is held that in order to convert probate proceedings into TOS, there should be some relationship between person claiming revocation of probate and property of testator.
17. In the case of D.L. Rajasekaran (died) and others vs. Ayyavu reported in 1995 (2) MLJ 334 it is held that a person, not claiming any right under testator, nor a beneficiary of Will, nor who is likely to inherit estate of deceased, whose claim is adverse to interest of testator, cannot file petition under Section 263 of the Indian Succession Act, 1925 for revocation of Probate or Letters of Administration.
18. In the case of Dular Kuter vs. Kesar Kuer and others reported in AIR 1964 Patna 518, after referring Sections 263 and 283 (1) ( c ) of Indian Successions Act, it is held that the person having no possible chance of succeeding to testator s estate cannot file an application for revocation or probate on the ground of absence of citation. In the light of the provisions referred to above, we are in agreement with the above referred decisions. Accordingly, we hold that the applicant does not have any interest or charge over the property and therefore she is not the appropriate person to seek for revocation of order of Probate. To make it clear that a person who seeks for revocation of Probate should have a right to claim citation or to oppose the grant. As rightly concluded by the learned Judge, the applicant does not have a claim to cite or oppose the grant of Probate. Further, a person who is not claiming any right under testator nor a beneficiary of a Will nor who is likely to inherit the estate of the deceased whose claim is adverse to the interest of the testator, cannot file an application under Section 263 of the Indian Succession Act, 1 925 for revocation of the Probate. Here, the
applicant is claiming neither the right from the testator nor is she the beneficiary under the Will, nor is she likely to inherit the estate of the deceased or her claim is adverse to the interest of the testator.
