YASH VARDHAN MALL Vs. TEJASH DOSHI

JUDGEMENT

(1.) The appeal arises out of proceedings for grant of a probate. By the order impugned dated June 28, 2017, the caveat lodged by the appellant has been discharged on the twin grounds that the appellant had no caveatable interest and that the affidavit in support of the caveat did not disclose any legal ground of objection to the grant of probate.

(2.) The facts are not much in dispute and have been succinctly narrated in the order impugned. The appellant asserts his right to lodge and maintain a caveat as being the stand-by executor of a previous Will of the testator. In addition, the appellant refers to his status as a co-trustee in respect of the Trust set up by the previous Will. The first legal proposition canvassed by the appellant is that once a rival Will is cited, a person nominated as an executor (even by default) in such Will would always have a right to object to the grant of probate of another Will. The same legal right is asserted qua the status of the appellant as a trustee of the Trust set up by the previous Will in relation to the probate sought of an alleged later Will.

(3.) Testator Shrutika Doshi died at age 35 on May 26, 2013. The respondent is the propounder in the present proceedings in respect of a Will said to have been executed by the testator on April 22, 2013. The appellant, however, seeks to assert an earlier Will of March 1, 2013 that, according to the appellant, was republished by the testator on May 22, 2013 at the time of its registration on commission. The contention of the appellant is that even though the first Will of March 1, 2013 may have been revoked upon the execution of the second Will of April 22, 2013, by virtue of the registration of the first Will on a date subsequent to the execution of the second Will, the first Will is deemed to have been revived and the second Will revoked by necessary implication.