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Yash Vardhan Mall v. Tejash Doshi

Civil Appeal · 2017 INSC 1138Decided 23 Nov 2017
Civil Appeal Nos. 19635-19636 of 2017
Justice Arun Mishra · Justice L. Nageswara Rao

Background

Smt. Shrutika Doshi executed a Will on 01.03.2013 naming her husband (the respondent) as executor, with the appellant as substitute executor if the husband could not act. After she died, a second Will dated 22.04.2013 surfaced naming the husband as sole executor. The husband sought probate of the later Will; the appellant (executor under the earlier Will) filed a caveat opposing it. The Calcutta High Court's Single Judge discharged the caveat for want of caveatable interest, and though a Division Bench held the appellant did have caveatable interest, it still refused to let him contest the probate proceeding.

Decision Breakdown

The Supreme Court held that under Rule 25 of the Calcutta High Court's Original Side Rules, an affidavit supporting a caveat need only state the caveator's right/interest and grounds of objection: it need not itself dispute the due execution of the later Will. Since the appellant's affidavit did set out his interest as executor under the earlier registered Will and his objections, it satisfied Rule 25. Having already found (correctly) that the appellant had a caveatable interest, the Division Bench erred in still refusing him the right to contest the probate proceeding. The appeals were allowed and the High Court's judgment set aside.

Lesson Learnt

A person who has a legitimate stake in a deceased's estate (such as an executor under a rival Will) cannot be shut out of probate proceedings merely because their caveat affidavit doesn't go so far as to dispute the authenticity of the competing Will, asserting one's own right and grounds of objection is enough to be heard.

Official source (sci.gov.in)View Judgment (PDF)

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