MRS. GEETA NARYANA SHAHANI vs SHYAM PREM SHAHANI S — 2022 CLC 1160 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 1160 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: MRS. GEETA NARYANA SHAHANI vs SHYAM PREM SHAHANI S
Provisions referred to: S. 263---S; S. 263; Succession Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MRS. GEETA NARYANA SHAHANI VS SHYAM PREM SHAHANI S.263---Sindh Civil Court Rules (O.S.), R.342---Letter of probate---Revocation---Letter of probate was issued in favour of mother of appellant who was widow of deceased---Mother of appellant / widow later on filed an application to include certain other properties in letter of probate---On application filed by respondents, Trial Court revoked letter of probate issued in favour of mother of appellant---Validity---Status of appellant to be the sole executor of the Will when his mother did not predecease the testator, the validity of Will and testament and whether it had been executed validly in accordance with law, were prima facie not without cloud---Will itself was called into question by respondents and needed to be determined---Trial Court attended all material facts and circumstances while annulling probate---Findings of earlier order of Trial Court in favour of appellant were bad in terms of explanations (a) to (c) and illustrations (i) and (ii) of S.263 of Succession Act, 1925---High Court declined to interfere in findings of Trial Court---Appeal was dismissed, in circumstances.

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