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.