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october 2016

Supreme Court of India · 2016-10-24

Saroj Agarwalla(Dead) Thr Lr Abhishek ... vs Yasheel Jain

Citation / case number
AIRONLINE 2016 SC 356
Court
Supreme Court of India
Petitioner
Saroj Agarwalla(Dead) Thr Lr Abhishek ...
Respondent
Yasheel Jain
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, Dipak Misra

Judgment text excerpt

The Supreme Court addressed the appeals concerning the grant of probate for a Will claimed by Saroj Agarwalla, the sister of the testator, Jagdish Prasad Tulshan. The Court upheld the Division Bench's decision that Yasheel Jain, claiming as a nephew and beneficiary under an earlier Will, had a caveatable interest, while also affirming that Malati Tulshan, claiming to be the testator's second wife, had a caveatable interest due to prima facie evidence supporting her claim. The Court clarified that mere benefits under a Will do not confer caveatable interest unless there is a claim to the estate independent of the Will being probated, thus reinforcing the standards for caveatable interests in probate proceedings under the relevant rules of the Calcutta High Court.

Saroj Agarwalla(Dead) Thr Lr Abhishek ... vs Yasheel Jain · Niyam