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    <title>2016 (10) TMI 1342 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=297787</link>
    <description>A caveat in probate proceedings may be maintained by a person with a caveatable interest, and the probate court may first test that interest as a preliminary issue. That inquiry is limited to whether the caveator has an interest in the estate that could be prejudiced by grant of probate; it does not extend to finally resolving disputed matters such as the validity of a rival Will or the caveator&#039;s ultimate legal status. The probate court remains concerned with due execution and attestation of the Will, not final succession rights. On the materials, both caveators had a prima facie basis to oppose probate, so the refusal to discharge the caveats was upheld.</description>
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    <pubDate>Mon, 24 Oct 2016 00:00:00 +0530</pubDate>
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      <title>2016 (10) TMI 1342 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=297787</link>
      <description>A caveat in probate proceedings may be maintained by a person with a caveatable interest, and the probate court may first test that interest as a preliminary issue. That inquiry is limited to whether the caveator has an interest in the estate that could be prejudiced by grant of probate; it does not extend to finally resolving disputed matters such as the validity of a rival Will or the caveator&#039;s ultimate legal status. The probate court remains concerned with due execution and attestation of the Will, not final succession rights. On the materials, both caveators had a prima facie basis to oppose probate, so the refusal to discharge the caveats was upheld.</description>
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