1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 79 OF 2009 Neha K. Powale. ..Petitioner. Vs. Chandrashekhar C. Powale and anr. ..Respondent. Mr.J.M.Puranik for the Petitioner. Mr. A.S.Tungare for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 25th June, 2010 P.C. 1 Heard both sides. This is an application for revocation of probate dated 16.4.2007 granted to the petitioner in Testamentary Petition No.446/2006 under will in respect of which Probate has been granted. There is a reference of the testator possessing property bearing Room No.3, Miranda Chawl, Ruby Mill Lane, Darar (w), Mumbai-27. Under Clause 6 of the will, tenancy rights are bequeathed to the son of the testator by name Chandrakant and tenancy rights were transferred in his name. The Probate has been granted to the respondent. The present applicant is the daughter in law of the brother of the deceased. She claims that she is entitled to tenancy rights as she is in possession of the property since 1994. She seeks revocation of the Probate on this ground. This cannot 2 be a ground for revocation of the Probate. If she has any right in the property it was always open to her to get the said right declared. This cannot be a ground for revoking probate granted. Petition is therefore, dismissed. (R.S. MOHITE, J.)