Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2016 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 1342 - SUPREME COURTGrant of probate on the basis of a Will claimed to be the last Will - caveatable interest - HELD THAT:- Chapter XXXV of the Rules incorporate provisions relating to testamentary and intestate jurisdiction. Rule 1 defines 'non-contentious business' to include the business of obtaining probate and letters of administration (with or without the will annexed, and whether general, special or limited) where there is no contention as to the right thereto, as also in contentious cases where the contest is terminated and also includes the business of lodging caveats against the grant of probate or letters of administration - A careful reading of Rules 28 and 30 makes it abundantly clear that before the proceedings are numbered as a suit by orders of a Judge for being tried as a suit as per provisions of the Code of Civil Procedure, the Court may take up as a preliminary issue, whether the caveator has a caveatable interest, if such an application is filed before the Court by the Petitioner. Clearly the preliminary issues are triable before the proceedings are treated as a full-fledged suit under order of the Judge concerned. It is deemed proper to point out that although the caveator Yasheel Jain did not file the original Will, the Division Bench has noted that he has filed a photocopy of the prior Will allegedly executed by the testator and has also produced the registered envelope through which such copy was sent to him by the testator along with the forwarding letter written by him. Upon such materials, the Division Bench recorded its prima facie satisfaction that the caveat should not be discharged. In the case of caveat by Respondent Malati, the Division Bench noted the citations in the Will propounded by the Appellant showing Malati to be only a maid servant but on the basis of totality of facts and circumstances it rightly came to the conclusion that a person by merely making a contrary statement in the Will cannot change a real relationship if it actually existed and hence at least arguable case in favour of claim of Malati as regards her relation with the testator has been established and hence she deserves to be permitted to contest the probate proceeding. Appeal dismissed.
|