Case Note & Summary
The petitioner, Rhea Parthasarthy, filed a petition for probate of the Will of her deceased parents, Ravi Parthasarathy and Dr. (Mrs.) Vishpala Parthasarathy. The caveator, Sonali Nimesh Lokhandwala, who is the daughter-in-law of the deceased, filed a caveat opposing the grant of probate. The court considered the issue of whether the caveator has locus standi to oppose the probate. The court held that under the Indian Succession Act, 1925, only persons who would be entitled to a share in the estate if the deceased died intestate have the right to caveat. Since the caveator is a daughter-in-law and not a legal heir, she has no locus standi. The court allowed the probate petition and granted probate to the petitioner.
Headnote
A) Succession Law - Locus Standi to Caveat - Section 283 Indian Succession Act, 1925 - The caveator, being the daughter-in-law of the deceased, is not a legal heir under the Indian Succession Act, 1925, and thus has no locus standi to oppose the grant of probate. The court held that only persons who would be entitled to a share in the estate if the deceased died intestate can caveat. (Paras 1-3) B) Succession Law - Probate - Grant of Probate - Sections 222, 276 Indian Succession Act, 1925 - The petitioner, being the sole heir and daughter of the deceased, is entitled to probate of the Will. The court allowed the petition and granted probate. (Paras 1-3)
Issue of Consideration
Whether the caveator, being the daughter-in-law of the deceased, has locus standi to oppose the grant of probate of the Will of the deceased.
Final Decision
The court allowed the probate petition and granted probate to the petitioner.
Law Points
- Locus standi to caveat probate
- Legal heir under Indian Succession Act
- 1925
- Section 283
- Section 222
- Section 276
