Case Note & Summary
The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1996 appointing his widow, Smt. Kusum Bharat Asarpota, as executrix. The plaintiff filed a petition for probate of the Will. The defendants, Jagdish Damodardas Asarpota and P. Haridas Sons Co WLL, filed a caveat and affidavit in support, opposing the grant of probate. The plaintiff filed a Notice of Motion seeking dismissal of the caveat on the ground that the caveators had no caveatable interest. The defendants filed a Chamber Summons seeking leave to file an additional affidavit. Both matters were heard together. The court examined the concept of caveatable interest under the Indian Succession Act, 1925. It held that a caveator must have a direct pecuniary or proprietary interest in the estate of the deceased. The defendants, being only relatives of the deceased and not beneficiaries under the Will or legal heirs, failed to demonstrate any such interest. The court dismissed the caveat and the affidavit in support, and allowed the plaintiff's Notice of Motion. The Chamber Summons for additional affidavit was also dismissed as infructuous.
Headnote
A) Testamentary Law - Caveatable Interest - Section 283 Indian Succession Act, 1925 - Maintainability of Caveat - The court examined whether a caveator must have a direct interest in the estate of the deceased to maintain a caveat. Held that a caveator must have a pecuniary or proprietary interest in the estate, and a mere relationship or expectation of inheritance does not suffice. The caveat was dismissed as the caveators failed to establish any such interest. (Paras 1-10) B) Testamentary Law - Probate - Right to Oppose - Section 283 Indian Succession Act, 1925 - The court considered the principles governing the right to oppose probate. Held that only persons with a direct interest in the estate, such as beneficiaries or legal heirs, have the right to oppose. The caveators, being only relatives without any legal right, were not entitled to oppose. (Paras 11-20)
Issue of Consideration
Whether the caveators have a caveatable interest in the estate of the deceased to maintain the caveat and affidavit in support thereof.
Final Decision
The court dismissed the caveat dated 9th July 2012 and the affidavit in support dated 13th July 2012, and allowed the Notice of Motion No. 50 of 2014. The Chamber Summons No. 64 of 2014 was dismissed as infructuous.
Law Points
- Caveatable interest
- Testamentary jurisdiction
- Maintainability of caveat
- Section 283 Indian Succession Act
- 1925
- Right to oppose probate
