Section 263 of the Indian Succession Act gives the Court discretion to revoke the grant of Probate if “Just Cause” is established.
Where proceedings to obtain the grant were substantially defective in substance means that the defect was such a character as to significantly affect the regularity and correctness of the proceedings.
- Where the court has no jurisdiction at all in making the grant.
- When court grants probate to Class II heir when Class I heir is alive.
- If the grant is made without mentioning legal heirs of the Deceased who ought to have been mentioned.