stated in the affidavit in support of caveat that
the caveator has caveatable interest. No sooner this issue is raised in the affidavit
in support ... 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
stated in the affidavit in support of caveat that
the caveator has caveatable interest. No sooner this issue is raised in the affidavit
in support ... 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
sustain a caveat, a caveatable interest must be shown;
(ii) The test required to be applied is: does the claim of grant of
probate prejudice ... devolve intestate. The original caveator in that event would have
inheritance of the property. The original caveator had thus caveatable
interest. On the demise
Mehta. It is further
submitted that as of today, these Caveators have no caveatable
interest and are not entitled to maintain such a caveat ... from the estate of the said deceased Jaswantlal Jolia, these
Caveators have caveatable interest. It is submitted that the probate
Petition in respect
served upon the caveator in response to which caveator filed
caveat and affidavit in support thereof. Pursuant to the said caveat and
affidavit in support ... merely because citation was served would not
amount to the caveator having caveatable interest. It is submitted that the
caveator did not have any claim
submitted that the
respondent failed to show that she had any caveatable interest or was a legal heir of
the said deceased. It is submitted ... learned Counsel that even if the probate Court gives
finding about caveatable interest it has limited effect and cannot deprive such party to
seek revocation
caveatable interest and
claims interest adverse to the alleged interest
of the
deceased testator could not have
maintained a caveat. The question, however,
that arises ... deceased and a party who claims interest
adverse to the interest of the deceased
testator cannot maintain a caveat. The
Testamentary Court does not decide
caveatable interest and
claims interest adverse to the alleged interest
of the
deceased testator could not have
maintained a caveat. The question, however,
that arises ... deceased and a party who claims interest
adverse to the interest of the deceased
testator cannot maintain a caveat. The
Testamentary Court does not decide
caveat dated 21/1/2011 filed by the caveators is not maintainable as the caveator
have neither locus standi nor caveatable interest in the matter ... raised by the caveators in the affidavit in
support of caveat.
11. In my view, the caveator has no caveatable interest. Objection regarding title
raised
