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april 2002

Supreme Court of India · 2002-04-30

Shanta G.Z. Mehta (Dead) By Lrs. vs Sarla J. Mehta And Ors.

Citation / case number
AIR 2004 SUPREME COURT 1238
Court
Supreme Court of India
Petitioner
Shanta G.Z. Mehta (Dead) By Lrs.
Respondent
Sarla J. Mehta And Ors.
Author
U.C. Banerjee
Bench
U.C. Banerjee

Judgment text excerpt

The Supreme Court held that a caveator who denies the title of the testator has no right to contest probate proceedings, as established in various precedents including A.I.R. 1932 Patna 89 and A.I.R. 1941 Patna 475. However, the court recognized that the respondents, being heirs of the deceased testator, have a legitimate interest in challenging the Will's execution, particularly regarding its validity over joint family property. The court ultimately ruled that the caveat cannot be rejected solely based on the denial of title, allowing the probate proceedings to continue as contentious.

Shanta G.Z. Mehta (Dead) By Lrs. vs Sarla J. Mehta And Ors. · Niyam