Case Note & Summary
The petitioner, Gayabai Hemlal Jadhav, is the daughter of the deceased Baburao Zendu Chavan. Respondent No.1, Hiraman Rama Chavan, filed a Probate Application No.1/2008 before the Civil Judge, Senior Division, Amalner, seeking grant of probate in respect of a will allegedly executed by Baburao on 25.04.2001, bequeathing all his properties to Respondent No.1. The petitioner opposed the application by filing a caveat, claiming that as a daughter and legal heir, she had an interest in the estate. The trial court, by order dated 13.08.2010 below Exhibit 28, rejected the caveat on the ground that the petitioner was not a 'person having interest' within the meaning of Section 283 of the Indian Succession Act, 1925. Aggrieved, the petitioner filed the present civil revision application. The High Court examined the scope of Section 283 and the meaning of 'person having interest'. It held that the term should be liberally construed to include any person who may be adversely affected by the grant of probate. The petitioner, being a Class I heir under the Hindu Succession Act, 1956, has a substantial interest in the estate of her father. Therefore, she is entitled to lodge a caveat and contest the probate proceedings. The court set aside the impugned order and directed the trial court to permit the petitioner to participate in the probate proceedings. The revision application was allowed with no order as to costs.
Headnote
A) Succession Law - Probate - Caveat - Section 283 Indian Succession Act, 1925 - Person Having Interest - The petitioner, daughter of the testator, claimed interest in the estate as a legal heir. The trial court rejected her caveat on the ground that she was not a person having interest. The High Court held that a daughter, being a Class I heir under the Hindu Succession Act, 1956, has a substantial interest in the estate and is entitled to lodge a caveat and contest the probate. The order rejecting the caveat was set aside. (Paras 1-10) B) Succession Law - Probate - Caveat - Section 283 Indian Succession Act, 1925 - Liberal Interpretation - The court observed that the term 'person having interest' should be liberally construed to include any person who may be adversely affected by the grant of probate. The daughter's right to succeed as an heir gives her sufficient interest to oppose the will. (Paras 5-8)
Issue of Consideration
Whether the petitioner, being the daughter of the testator, is a person having interest in the estate of the deceased and thus entitled to lodge a caveat and oppose the grant of probate under Section 283 of the Indian Succession Act, 1925.
Final Decision
The revision application is allowed. The impugned order dated 13.08.2010 passed by the Civil Judge, Senior Division, Amalner below Exhibit 28 in Probate Application No.1/2008 is set aside. The trial court is directed to permit the petitioner to participate in the probate proceedings. Rule made absolute. No order as to costs.
Law Points
- Caveat in probate proceedings
- Person having interest
- Section 283 Indian Succession Act
- 1925
- Right of daughter to oppose probate
