detail
and held that to sustain a caveat, a caveatable interest must be shown
and the test required to be applied is, does the claim ... 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
respondent no. 4 by observing that respondent no.4 has a caveatable interest
in the estate of the deceased. Relevant portion of the aforesaid order ... objections to the present probate as
there appears to be a caveatable interest in the Estate of the
deceased. However, the delay needs
estate--such a special interest may be that of a creditor of the
deceased--however, the interest claimed as caveatable interest
must ... interest of the testator Baba Chakravarthy
Darvesh and adverse to the estate of Baba Chakravarthy
Darvesh and such interest is neither caveatable neither entitles
estate--such a special interest may be that of a creditor of the
deceased--however, the interest claimed as caveatable interest must ... interest of
the testator Baba Chakravarthy Darvesh and adverse to the estate of Baba
Chakravarthy Darvesh and such interest is neither caveatable neither entitles
where the entitlement to
file caveat to oppose grant of probate i.e. caveatable interest ... adjudication. It was held, (i) to sustain a caveat, a caveatable interest must
be shown; (ii) the test required to be applied is: does
event of intestacy of Tara
Singh, he would have no caveatable interest to challenge the Will, if
any, of Tara Singh. The said reason holds ... rights better than Kulwant Singh and cannot acquire a
caveatable interest on the demise of his father. In Imdad Ali Vs.
Keshav Chand
fact, that the person who was seeking impleadment had a
caveatable interest in the estate of the testator, and was not a beneficiary
under ... provision which safeguards the concerns of
those, who have a caveatable interest in the subject Will.
24. A perusal of the impugned order shows, that
dispute and the respondent
No.5 Kalawati did not have any caveatable interest. Objections to a Will
can be filed only by legal heirs ... OnLine SC
1165 has held that in cases of determination of caveatable interest, the test to
be applied is whether the claim of grant
Case No. 5/2009 Page 2
(i) To sustain a caveat, a caveatable interest must be shown.
(ii) The test required to be applied ... whereof the caveator asserted his right?
(iii) It is a fundamental nature of a probate proceeding that whatever would
be the interest of the testator
present Will as Respondent Nos. 2 to 4, who have a caveatable interest have
filed affidavits stating that they have no objection to the grant
