Probate of a will said to be P's was granted to Q. It is later shown that P had revoked that will…
Section 263 permits revocation or annulment of a grant "for just cause". Illustration (iii) to section 263 names as just cause the case where "the will of which probate was…
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Probate of a will said to be P's was granted to Q. It is later shown that P had revoked that will before his death. What is the effect under the Indian Succession Act, 1925?
Answer and explanation
Correct answer B
Section 263 permits revocation or annulment of a grant "for just cause". Illustration (iii) to section 263 names as just cause the case where "the will of which probate was obtained was forged or revoked". The remedy is revocation of the grant, not its conversion into letters of administration, and Q, who acted under a grant, is not an executor of his own wrong.