The main legal point established in the judgment is the requirement for a caveator to demonstrate a special interest in the estate of the deceased and to disclose valid legal grounds of objections to the grant of probate. The judgment emphasizes the importance of following the rules laid down in probate proceedings and the necessity for the caveator to show that the claim of grant of probate prejudices their right by defeating some other line of succession.

Soumen Sen, J.

1. In this application for discharge of caveat the question arises whether the son-in-law of the uncle of the testatrix would have a caveatable interest.

2. Shorn of details, Shrutika Doshi, the testatrix appears to have made and published two Wills during her lifetime. The first Will was made and published on 1st March, 2013 and was registered on 22nd May, 2013. In between, the testatrix appears to have made and published another Will on 22nd April, 2013 by which she revoked all earlier Wills.

3. In the first Will, the testatrix appointed her husband Shri Tejash Doshi as the sole executor and the trustee of the Will, failing which Shri Yash Vardhan Mall, son of Late Jagmohan Mall as the sole executor. The testatrix created a trust by the Will. The minor daughters are the beneficiaries. Under the first Will, Tejash Doshi and Yash Vardhan Mall were appointed as trustees who were to act jointly for the purpose of implementing the objects of the trust. It is provided that in case of vacancy, surviving trustee shall appoint a competent person selected by him to continue as trustee.

4. The second Will appears to be a detailed one as it gives particulars of both movable and immovable properties. The major difference appears to be that of Yash Vardhan Mall is replaced by Shri Dhirendra Doshi the father-in-law of the testatrix and Tejash was also allotted 102515 shares in Neelachal Minerals Limited. The witnesses in both the Will are same.

5. The testatrix died relatively at a young age of 35.

6. Yash Vardhan Mall on a plea that Tejash Doshi was not taking any steps for grant of probate of the Will dated 1st March, 2013, filed an application for grant of probate before the learned District Judge at Alipore being Act XXXIX Case No. 27 of 2015. Subsequently, Tejash Doshi has filed an application on 6th May, 2016 in this Court for grant of probate of the second Will dated 22nd April, 2013 being PLA No. 123 of 2016. In this proceeding, Yash Vardhan Mall filed a caveat and affidavit in respect of the caveat. In the said affidavit, Yash Vardhan Mall alleged that Tejash Doshi has intentionally kept in his custody the original Will and a certified copy of the said Will could be obtained only on 28th October, 2015 and, thereafter, the aforesaid application for grant of probate was filed before the learned District Judge, South 24 Paraganas at Alipore along with the affidavit of assets. It is further alleged that Tejash Doshi as one of the executors of the Will has failed to apply for the grant of probate of the first Will and in view of such failure Yash Vardhan Mall filed the said application for grant of probate before the District Judge at Alipore. In view of the fact that he was appointed as a trustee under the first Will along with Tejash Doshi in order to have checks and balances on the administration of the properties of which the minors are the beneficiaries and there could be no reason to execute a second Will Yash Vardhan Mall would be allowed to contest the Will as he has a caveatable interest. Moreover, it would be clear from the conduct of the testatrix that for all intents and purposes, the testatrix wanted to give effect to the Will dated 1st March, 2013 as she had registered the said Will on 22nd May, 2013 on commission at his residence which would be evident from the endorsement made on the said document at the time of registration. There could not have been any occasion for the testatrix to register the Will dated 1st March, 2013 on 22nd May, 2013 at her residence and put her signature and photograph on the said document unless she desired to have the dispositions made strictly in terms of the Will dated 1st March, 2013. It is alleged that testatrix left enormous wealth and Tejash Doshi is trying to siphon off such assets. On such considerations, it is urged that Yash Vardhan Mall is having a caveatable interest.

7. Mr. Ratnanko Banerjee, the learned Senior Counsel appearing on behalf of Tejash Doshi has sub