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68. The Probate Court held that they had no caveatable interest. Caveatable interest, therefore, was claimed as an executor and legatee of the Will executed by Ms Zoe Enid Borwne as also a deed of gift in respect of one item of the estate executed in their favour. Caveatable interest was also claimed on the premise that the petitioner was appointed a trustee of John Browne Trust. This Court noticed a large number of High Court judgments. It was, however, opined that the petitioner therein failed to establish a caveatable interest stating:

"...And possibility of an interest does not apply to possibility of a party filling a character which would give him an interest but to the possibility of his having an interest in the result of setting aside the will..."

As the caveator acquired an interest from the daughter, he was said to have a caveatable interest.

79. Although we may not be very much concerned with the caveatable interest of the reversioners, a large number of decisions of the Calcutta and Madras High Courts were cited by Mr. Jethmalani to show that such an interest was held to be a caveatable interest.

143. KKB, BKB and GPB claimed caveatable interest as co-owners of 1/5th share in Kumaon Orchards, two other co-owners being PB and S.K. Birla. S.K. Birla does not claim any caveatable interest in the estate of PDB. Even a person claiming an interest in the property of the testator by reason of an agreement for sale would not have a caveatable interest on the premise that such an agreement would be binding both upon the executor as also upon the heirs of the deceased (in the event, probate is not granted). The same principle would apply herein. Right of pre-emption, if any, is not affected by grant of probate. A right of pre-emption would arise only when a voluntary transfer is made for consideration in favour of a stranger and not prior thereto.

164. GPB was held to have caveatable interest on the premise that he was named as an executor. He, therefore, in our opinion, has rightly been held to have a caveatable interest.

165. An application for grant of probate of 1982 Will is also pending. Therein a contention has been raised by the first respondent that the said Will was not genuine. If respondent No.1 has a caveatable interest in respect of 1982 Will, we do not see any reason as to why GPB would not have any right in respect of 1999 Will.