Can High court judgement be challenged?

Can High court judgement be challenged?

In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.

Can probate be challenged?

The right to challenge a Will, or the right to challenge the grant of probate, comes from the Indian Succession Act, 1925 (Act). The Act confers on persons with an “interest” in the estate of the testator seeking to challenge the validity of the Will, the right to file a caveat against the grant of probate.

What is the time limit to challenge a Will in India?

The Court further stated that Section 293 of the Indian Succession Act provides for a cooling-off period of expiration of 7 days from the day of the testator’s death before probate of a Will can be granted. There is no outer limit within which an executor has to take out an application for grant of probate.

Can registered Will be challenged in court?

Yes, a will can be challenged in a court of law if it has errors, even if it is registered (which is optional). You can, however, minimise the probability of it being challenged in court by ensuring that it is duly executed in accordance with the provisions of the Indian Succession Act, 1925.

Under what grounds can you contest a will?

The main grounds to contest a will are:

  • Lack of testamentary capacity (the mental capacity needed to make a valid will)
  • Lack of due execution (a failure to meet the necessary formalities i.e. for the will to be in writing, signed and witnessed correctly)

Can a will be challenged after 12 years?

In the present case, since A has died within one year after executing the Will (in 1983), any suit in respect of the legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with …

When does a court judgment invalidate a will?

The judgment deals with the characteristic and most used argument of “ suspicious circumstances ” to invalidate a Will, or in simple words, to assert that the Will is unworthy of believing. A circumstance is considered “suspicious” when it is not normal or is ‘not normally expected in a normal situation’ or is ‘not expected of a normal person’.

Can a Supreme Court judgment against a will?

The answer to that query would be in the negative, as it is well established that any stand-alone reason individually does not operate against the validity of the Will and may not be decisive, unless after taking all relevant factors into consideration, the Court finds the same to be not representing the real wish of the testator.

Can a court condone a delay in filing an appeal?

From the above decisions it becomes clear that in the case of condonation of delay where the appeal was filed beyond the limitation of period, the courts are empowered to condone the delay, provided that the Appellant can prove his claim of inability to file appeal within the prescribed period.

How is an appeal heard in a Court of Appeal?

During the hearing the learned Departmental Representative produced documents to prove that the assess had duly authorised his Advocate to receive the order on his behalf resulting in receipt of order by the Advocate from the Department.

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