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 ... 2024.doc
granted, it can be said that the Caveator has a caveatable interest.
37. In the case at hand, ex facie, the caveatrix
degree of interest or the right which a caveator
must show to establish his or her caveatable interest before the
Probate Court should be considered ... 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
assertion that the Caveator is not one of the legal heirs of the
deceased. Thus, the Caveator has no caveatable interest. It is
contended that ... caveator's claim is discounted.
24. I am, therefore, inclined to hold that the Caveator has
no caveatable interest and resultantly, the Caveat deserves
Caveator.
6. The principal contention of the petitioner/applicant in Notice of Motion
is that Caveator has no caveatable interest.
7. I have heard ... objection to the tenability of the Caveat on the ground that the caveator has no
caveatable interest does not merit acceptance.
28. Resultantly, the Notice
proceedings. Such persons must have interest in the estate of the deceased.
Such interest is called a caveatable interest. Interest claimed by the caveator must ... entertaining the caveat. I am not inclined to accede to this submission.
First and foremost, the Respondents-caveators having an indisputable caveatable
interest are entitled
Succession Act, 1956. Therefore, the caveat is required
to be dismissed as the Respondents-caveators have no caveatable interest.
6. I have heard Ms. Jyoti ... premise that there was no other sibling, the
Respondents-Caveators appear to have a caveatable interest as the administration of
the estate of the deceased
Petitioner to dismiss the caveat on the ground that the caveator
has no caveatable interest. It implies that the caveator has lost
interest in opposing ... filed by the
Petitioner to discharge the caveat on the ground that the
caveator has no caveatable interest. I have recorded a
tentative finding that
filing the Caveat. Nonetheless, it is evident that the applicant has
signed the Caveat and affirmed the affidavit in support of the
Caveat on 28th ... applicant is the son of the deceased. Existence of
a caveatable interest can hardly be disputed. It prima facie
appears that, the applicant had entrusted
days in filing the Caveat.
5. In the application, the applicant avers that the Caveator
could not file the Caveat within the stipulated period ... 16805-2022.DOC
9. Evidently, the applicant - Caveator, being the daughter of
the deceased, has a caveatable interest. The applicant has
ascribed reasons for delay
lodging the Caveat. It appears that the Caveators filed
Chamber Summons seeking to condone the delay of 12 days in filing the Caveat.
The said ... Caveat (L) No. 323 of 2018.
4. Evidently, the Caveators, being the son and daughter of the deceased,
have a caveatable interest. However, the caveators
