#caveatable interest

The Bombay High Court revoked probate granted to an executor who deliberately omitted the deceased’s biological son from disclosure, ruling that concealment of a known heir vitiates the probate process. Birth certificates and personal correspondence from the deceased are sufficient to establish prima facie heirship, reinforcing that probate is not a tool for excluding rightful successors.

Bombay High Court rules that a creditor of a deceased insolvent lacks caveatable interest to oppose probate, as probate proceedings are limited to verifying the will's validity and do not extend to adjudicating debt or title claims. The judgment reinforces the procedural boundaries of probate under the Indian Succession Act, impacting creditors and beneficiaries in estate disputes.

Bombay HC rules that under Mohammedan Law, an oral will bequeathing more than one-third of the estate is invalid without the consent of all legal heirs. The court dismissed the caveat, reinforcing the statutory limit on testamentary dispositions to prevent disputes among heirs.

Bombay High Court revokes Letters of Administration due to suppression of rival heirship claims and unexplained 55-year delay in filing, reinforcing statutory compliance under Section 263.

Bombay High Court holds that fraud in obtaining probate invalidates the grant even if petitioner lacks caveatable interest, reinforcing judicial duty to nullify deceitful succession claims.