CRYSTAL DEVELOPERS ETC. ETC. versus SMT. ASHA LATA GHOSH (DEAD) THROUGH LRS. AND ORS., ETC. ETC.

CRYSTAL DEVELOPERS ETC. ETC. versus SMT. ASHA LATA GHOSH (DEAD) THROUGH LRS. AND ORS., ETC. ETC.

Revocation of probate by the Probate Court operates only prospectively and does not invalidate bona fide transactions entered into by the executor during the pendency of probate. Defendant No.14 (Crystal Developers) was a bona fide purchaser for value, and the conveyance in their favour was valid; partition suit filed by other heirs is dismissed. No evidence of fraud or collusion was proved against the appellants.

Parties
Appellant: Crystal Developers; Respondent: Smt. Asha Lata Ghosh (dead) through LRs. and Ors.
Jurisdiction
India
Judgment Date
05 October 2004
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed, partition suit dismissed
Legal Topics
Probate, Letters of Administration, Partition, Bona Fide Purchaser, Revocation of Grant, Conveyancing, Administration of Estates
Succession Property Civil Procedure Probate Letters of Administration Partition Bona Fide Purchaser Revocation of Grant +2 more

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Parties

Crystal Developers

Appellant

Smt. Asha Lata Ghosh (dead) through LRs. and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether revocation of probate operates retrospectively and invalidates intermediate bona fide acts by the executor.
  2. 2 Whether defendant No.14 (Crystal Developers) was a bona fide purchaser for value under section 41 of the Transfer of Property Act.
  3. 3 Whether the conveyance executed by Arindam (executor) in favour of Crystal Developers was valid despite probate revocation.

Ratio Decidendi

Revocation of probate by the Probate Court operates only prospectively and does not invalidate bona fide transactions entered into by the executor during the pendency of probate. Defendant No.14 (Crystal Developers) was a bona fide purchaser for value, and the conveyance in their favour was valid; partition suit filed by other heirs is dismissed. No evidence of fraud or collusion was proved against the appellants.

Court Disposition

appeals allowed, partition suit dismissed

Orders

  • Judgment and decree of Courts below set aside.
  • Suit for partition dismissed.