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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Shaunak Harshad Choksi – Appellant
Versus
Ketan Kishoredas Mehta – Respondent
ORDER :
SHARMILA U.DESHMUKH, J.
1. Interim Application No. 2807 of 2024 has been preferred by the Caveator seeking condonation of delay of 133 days in filing of the affidavit in support of the Caveat. Interim Application No. 2156 of 2023 has been filed seeking dismissal of the Caveat. Both applications were taken up for hearing together and common submissions were canvassed and both applications are being decided by this common order.
INTERIM APPLICATION NO 2807 OF 2024:
2. The Caveat is filed by one Ketan Kishoredas Mehta on 21st July, 2018, claiming to be creditor of the deceased. The Affidavit in support of Caveat was filed on 14th December, 2018. The application seeks condonation of delay of 133 days caused in filing the Affidavit in support of Caveat. Under Rule 402 of the Bombay High Court (Original Side) Rules, the Caveat is required to be filed within eight days of service of citation and the affidavit in support of Caveat is required to be filed within 14 days of filing of Caveat. The application pleads that the father of the Caveator, Kishoredas Mehta, had obtained decree dated 27th June, 2006 against the deceased and had also insolvency petition in which the deceased was adj
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....
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.
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.
(1) Will – A legatee claiming under Will cannot, at the same time, question its validity – Claim must be either by way of inheritance or by way of an interest in estate itself.(2) Nominee being a tru....
The court ruled that failure to disclose necessary parties with caveatable interest justifies revocation of probate under Section 263 of the Indian Succession 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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