MARY D'SOUZA vs HENRY D'SOUZA — C.A. No. 3025/1997

Case Summary: C.A. No. 003025/1997 Outcome: The Supreme Court dismissed Mary D'Souza's appeal on 19 August 2003, upholding the Karnataka High Court's decision to set aside the probate granted to her on a will allegedly executed by her father Thomas D'Souza on the date of his death (5 August 1971). The Court found the will surrounded by suspicious circumstances, including that Mary did not implead her siblings in the probate proceedings and an attesting witness signed after the testator's death. Key Finding: The Court rejected Mary's limitation argument, holding that the respondents' petition to set aside probate in 1986 was timely under Article 137 of the Limitation Act, as they discovered the will and probate only during partition proceedings filed in 1984, and filed their petition within three years of gaining such knowledge. This case analysis is maintained by casestatus.in based on publicly available court records.