Consent Affidavit for succession PETITION filed has a clause needs clarity

Dear Client,
A consent affidavit for a succession petition is a sworn statement, typically required by courts, where other legal heirs or interested parties formally agree to the succession process, waiving any objections and supporting the applicant's claim. It serves as a formal declaration that the other legal heirs or interested parties have no objections to the applicant's request for a succession certificate or probate. A consent affidavit is a mandatory requirement for obtaining a succession certificate or probate. It helps to prevent future disputes or legal challenges regarding the succession. However, from the contents of the consent affidavit as stated in your query, it appears that you waive your share in the intestate property left by the deceased testator of the Will. So, once you give your consent in the affidavit waiving your right to share in the deceased's property in favour of the petitioner, you are estopped from claiming any share in the property post issue of the Succession Certificate to the petitioner. However, Section 383 of the Indian Succession Act, 1925 laid down the grounds on which a Succession Certificate may be revoked and that include, namely: (a) that the proceedings to obtain the certificate were defective in substance; (b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case; (c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently; (d) that the certificate has become useless and inoperative through circumstances; (e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked. So, applying the ground as stated in Clause (b), once a succession certificate is challenged seeking revocation of the certificate, the petitioner of the Probate and Succession certificate can be booked for the commission of the offence. The Hon'ble Supreme Court in the case of Ramesh Nivrutti Bhagwat Vs. Surendra Manohar Parakhe ruled that the primary legal question was whether the probate was obtained through misrepresentation or fraud and emphasized the importance of complete honesty and transparency in the process of obtaining probate. The judgment highlighted how any form of deceit or concealment of material facts could be grounds for revocation of a Succession Certificate. So, in the given scenario, consult with an experienced Advocate to navigate the issue in the right way.