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
case of this
nature (i) to sustain a caveat, a caveatable interest must be
shown; (ii) the test required to be applied is: does ... caveator. Once a caveat
is filed, it is for the Court to determine the question as to
whether the caveator has any caveatable interest
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 ... granted, it can be
said that the Caveator has a caveatable interest. Conversely, if the
Caveator questions the existence of title in respect
Caveator has lodged the Caveat
on 17th September, 2021. The substance of the Caveat is that
the Caveator also had an interest in the subject ... 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.
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
sale executed by
petitioner in his favour, appellant was having caveatable
interest in subject matter and hence, entitled for leave to prefer
appeal ... appellant was holder of
agreement of sale, which would not constitute caveatable
interest and hence, not entitled for grant of leave to file appeal
claiming to have interest in the estate of deceased
and howsoever this interest might be small, even a bare
possibility of interest is sufficient ... show a special interest in the testators estate.
The Hon'ble Supreme Court further held that the interest
claimed as caveatable interest must
Shri Neeraj Bhatia vs Shri Ravindra Kumar Bhatia & Ors. on 19 July, 2024
Author
service was affected on all such heirs or the persons
having caveatable interest.
It is to be remembered that the Probate Court is a Court ... more particularly when the challenge is made by a
person having caveatable interest. It must be remembered that the Judges
is not writing a Will
applicant being the biological son of the testator has
caveatable interest in the estate of the deceased and as such he is
entitled ... applicant was the biological son of the
testator and he had caveatable interest in the estate were known to the
executor/propounder, otherwise there would
