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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Shaunak Harshad Choksi – Appellant
Versus
Ketan Kishoredas Mehta – Respondent
| Table of Content |
|---|
| 1. condonation sought for 133-day delay in caveat affidavit (Para 1 , 2 , 3) |
| 2. parties argue delay explanation vs. negligence and abandonment (Para 4 , 5) |
| 3. condonation barred by limitation and unexplained inordinate delay (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. testamentary petition for insolvent's will opposed by creditor (Para 13 , 14 , 15) |
| 5. creditor lacks caveatable interest; probate for surplus only (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. creditor asserts interest; challenges petition maintainability in insolvency (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. caveator disputes estate existence and testamentary capacity (Para 29 , 30 , 31 , 32) |
| 8. insolvent's surplus vests as estate for probate grant (Para 33 , 34 , 35) |
| 9. no caveatable interest for creditor in probate proceedings (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 10. condonation rejected; caveat dismissed for lack of interest (Para 46) |
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
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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