Supreme Court of India · 2016-10-24
SAROJ AGARWALLA(DEAD) THR LR ABHISHEK AGRAWALLA vs YASHEEL JAIN
- Citation / case number
- SC 2007/22874
- Court
- Supreme Court of India
- Petitioner
- SAROJ AGARWALLA(DEAD) THR LR ABHISHEK AGRAWALLA
- 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 testator's sister, against caveats filed by Yasheel Jain and Malati Tulshan. The Court upheld the Division Bench's decision that Yasheel Jain had a caveatable interest based on an earlier Will, while rejecting the claim of Malati Tulshan, the alleged second wife, for lack of a valid marriage. The Court clarified that caveatable interest can arise from prior Wills and that mere benefits under a Will do not automatically confer such interest, thus affirming the lower court's ruling with modifications.