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november 2017

Supreme Court of India · 2017-11-23

Yash Vardhan Mall vs Tejash Doshi

Citation / case number
AIRONLINE 2018 SC 799
Court
Supreme Court of India
Petitioner
Yash Vardhan Mall
Respondent
Tejash Doshi
Author
L. Nageswara Rao
Bench
L. Nageswara Rao, Arun Mishra

Judgment text excerpt

The Supreme Court held that an executor of a previous Will has the right to lodge a caveat against a subsequent Will of the same testator, even if not a legatee, as per the principles established under Chapter XXXV of The Rules of The High Court At Calcutta (Original Side), 1914. The Court affirmed that the Appellant, as a trustee under the first Will, had sufficient interest to object to the grant of probate for the second Will dated 22.04.2013. The appeal was dismissed as the affidavit supporting the caveat did not disclose grounds to doubt the due execution of the second Will.

Yash Vardhan Mall vs Tejash Doshi · Niyam