bearing interest,
assignable interest, beneficial interest, common interest,
contingent interest, continuity of interest, controlling
interest, future interest, interest in hand, joint interest,
legal interest, legal ... interest, life interest, person
interested in a will, property interest, qualified interest,
remainder interest, remaining interest, transit of interest,
undivided interest.
63. "Caveat
Will--Probate--Letters of Administration--Caveat
opposing probate of the Will--Caveatable interest based on
Will and Gift--Copies of Gift Deed and Will ... filed in the
Probate Court--Held caveatable interest not substantiated.
Will--Probate Court--Findings regarding caveatable
interest effect of--Findings are relevant only
caveator should claim interest through the testator.
All that is necessary to entitle a person to enter caveat
is to claim interest in the estate ... will."
As the caveator acquired an interest from the daughter, he
was said to have a caveatable interest."
15
The two-Judge Bench
Basant Kumar Birla being one of the caveators in his affidavit while explaining his caveatable interest has stated among others that he is the paternal ... rival wills. The executors do not have any beneficial interest, without the same, no caveatable interest can be inferred. The status of executors
caveatable interest is required for revocation of probate also apart from probate proceedings. He would further submit in his argument that caveatable interest is required ... possession of a portion of the property, have no interest nor any caveatable interest in the estate of the testatrix-Andal
case of this nature are:
i) To sustain a caveat, a caveatable interest must be shown.
ii) The test required to be applied is: Does ... Caveators. It is noted that even
the Petitioner has filed a caveat in the Probate Petition filed by the
Respondents claiming caveatable interest
interest. It is
submitted that it is not required to be stated in the affidavit in support of caveat that
the caveator has caveatable interest ... caveators are not entitled to maintain the caveat. In my view,
the caveator No.1 as well as caveator No.2 have no caveatable interest
caveator’s interest.
Where, upon the trial of such issue, it appears that the caveator has no
interest, the Court shall order the caveat ... Court may take up as a preliminary issue, whether the caveator
has a caveatable interest, if such an application is filed before the Court
interest. It is
submitted that it is not required to be stated in the affidavit in support of caveat that
the caveator has caveatable interest ... caveators are not entitled to maintain the caveat. In my view,
the caveator No.1 as well as caveator No.2 have no caveatable interest
deceased ?
3] Does the Petitioner prove that he has a
caveatable interest and the necessary No
locus to file the instant Petition ?
4] What orders ... enter caveat in a probate proceeding.
It is held in the said judgment that the findings regarding that the
caveatable interest of the party have
