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october 2016

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.

SAROJ AGARWALLA(DEAD) THR LR ABHISHEK AGRAWALLA vs YASHEEL JAIN · Niyam