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N. J. JAMADAR
Surya Prakash S. Makharia – Appellant
Versus
Pramod Kumar Makharia – Respondent
ORDER :
1. The petitioner has preferred this application to reject the Caveat in TP/2121/2021.
2. Shorn of superfluities, the background facts necessary for the determination of this application can be stated as under:
(b) In the petition it is averred that the deceased had left behind the heirs and next-of-kin mentioned in paragraph 7 of the petition. All the heirs of the deceased have filed affidavits giving consent for the grant of Probate. Under said Will, the deceased had inter-alia bequeathed his 30% interest in a building to be constructed and developed on the land bearing Plot No. A14 CTS No. 685 of Oshiwara Taluka, Andheri, admeasuring 1021.02 Sq. Mtrs. (the subject property).
(c) Mr. Pramod Kumar Makharia, the Caveator, is the brother of the deceased. The 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 pr
A caveator must demonstrate a legitimate interest in the estate that could be prejudiced by the grant of Probate; mere contingent claims do not suffice.
Creditor of deceased undischarged insolvent lacks caveatable interest in probate; estate vests in Official Assignee, probate applies to surplus post-debts. Unexplained delay in condonation applicatio....
The court ruled that failure to disclose necessary parties with caveatable interest justifies revocation of probate under Section 263 of the Indian Succession Act.
An executor under a subsisting grant of probate holds the exclusive right to manage estate property. Consequently, beneficiaries or claimants of unregistered inter vivos gifts lack a caveatable inter....
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
The court ruled that failure to notify all legal heirs and concealment of material facts during probate proceedings constitutes just cause for revocation of probate under Section 263 of the Indian Su....
Revocation of probate not maintainable if challenging testator's title to properties, as such claimant lacks caveatable interest and is stranger to probate proceedings limited to will's genuineness.
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