Mamta Naresh Gupta vs Sunita Niraj Gupta Advocate - Agrawal R.B. — 137/2024

Case Summary: The Joint Civil Judge rejected the preliminary objection raised by non-applicant no.3 in a petition by Mamta Gupta seeking revocation of a legal heirship certificate granted to Sunita Gupta. The court held that the revocation application is maintainable under Section 383 of the Indian Succession Act, 1925, since the applicants alleged concealment of material facts amounting to fraud. The court also determined that the limitation issue cannot be dismissed at the preliminary stage, as Section 17 of the Limitation Act applies when fraud is claimed, making the knowledge of fraud the crucial factor in determining the limitation period. This case analysis is maintained by casestatus.in based on publicly available court records.