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Appellants: G. Gopal
Respondent: C. Baskar and others
Hon’ble Justice Tarun Chatterjee and Aftab Alam, JJ
Date Of Appeal: 2008
Date Of Judgement: Mon Sep 08 2008
A person made a Will which was granted a probate (legal validation of the Will provided by the competent court). The Appellants applied for the revocation of this probate, which was granted by the High Court of Madras. This order allowing the revocation was appealed by the Appellants.
The Appellants argued that the respondents had no caveatable interest (valid claim) in the Will and thus could not apply to revoke the probate. The respondents were the grandchildren of the testator and only had an interest in the property under a Settlement agreement that had been revoked by the testator (the person who made the Will) in his lifetime.
The court upheld the order of the High Court revoking the Probate. It was held that any person who has the slightest interest in the property has a caveatable interest in the estate of the testator and is entitled to file a caveat (formal notice to the court that no proceedings to further in that case without the presence of the person filing it) and contest the grant of probate.
This case has throwed some light on the element of who are the entitled persons to apply for revocation of grant of probate, i.e., having caveatable interest to do so.
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