04 July 2024 Wills under Indian Succession Act >> Inheritance   |   Probate & Succession >> Personal Law  

In a recent ruling in Bombay High Court in the matter of Surya Prakash S. Makharia Versus Pramod Kumar Makharia, concerning the probate of a will, the petitioner sought to reject a caveat filed by Mr. Pramod Kumar Makharia, the brother of the deceased, Dhruva Kumar Makharia. The petitioner, who claims to be the sole executor designated in the will dated April 14, 2014, argued that all legal heirs have consented to the grant of probate.

The caveator contended that he holds an interest in the deceased's property based on a family arrangement and the alleged non-compliance with certain liabilities stipulated in prior consent terms from a previous lawsuit. Specifically, the caveator asserted that the property in question did not vest in the deceased due to these unpaid liabilities.

The court undertook a comprehensive analysis of whether the caveator possesses a "caveatable interest." A caveatable interest is defined as an interest that may be adversely affected by the grant of probate. The court observed that the caveator’s assertions of an adverse title and contingent interests do not satisfy the criteria for a caveatable interest, as they involve issues that fall outside the probate court's jurisdiction.

Ultimately, the court concluded that the caveator failed to establish a caveatable interest. Consequently, the petitioner’s application to reject the caveat was granted, allowing the probate proceedings to continue without hindrance. This ruling reinforces the principle that challenges to the validity of a will must be grounded in established legal rights, particularly within the context of probate proceeding.

  Indian Succession Act, 1925