2008 AIR SCW 2557 ::(2008) 2 MarriLJ 38 ::(2009) 1 CivilCourtC 257 ::(2008) 1 HinduLR 449 ::2008 (4) SCC 300 ::(2008) 2 RecCivR 835 ::(2008) 4 Scale 202 ::(2008) 5 AllMR 35 (SC) ::(2008) 3 CalLT 39 ::(2008) 3 CTC 43 (SC) ::(2008) 3 ICC 1 ::(2008) 3 Mad LW 1005 ::(2008) 3 Mad LJ 1002 ::(2008) 3 LandLR 520 ::AIR 2008 SC (Supp) 1663

Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): Satya Brata Sinha, H. S. Bedi , JJ

(A) Succession Act (39 of 1925) , S.275, S.283, S.286— Probate Court - Jurisdiction - Limited to decide genuineness of Will - Question of title or question of construction of Will relating to right, title and interest of any other person is beyond the domain of Probate Court. (Para 59) (B) Succession Act (39 of 1925) , S.275, S.284, S.296— Probate proceedings - Issuance of citation or filing of caveat - Persons must have some interest in estate of testator - Person claiming any interest adverse to testator or his estate cannot maintain any application before Probate Court. (Para 60) (C) Succession Act (39 of 1925) , S.283, S.275— Probate proceedings - Filing of caveat - Caveator must have caveatable interest - Principles of law for determining caveatable interest. Decision of Calcutta High Court in C.A. No. 85 of 1991, Overruled. The person who files a caveat in probate proceedings must have an interest in the estate of the deceased. Those who pray for joining the proceeding cannot do so despite saying that they had no interest in the estate of the deceased. They must be persons who have an interest in the estate left by the ....