G. Gopal Vs. C.
Baskar & Ors.  INSC 1494 (3 September 2008)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6067 OF 2008 (Arising out
of SLP)No.1530 of 2007) G.Gopal ....Appellant Versus C.Baskar & Ors.
appeal is directed against the judgment and order dated 31st of July, 2006
passed by the Division Bench of the High Court of Madras in OSA NO.219 of 2006
by which the order of the grant of revocation of probate passed by the learned
Single Judge of the original side of the High Court in Application No.4122 of
2005 in T.O.S. NO.32 of 1999 was confirmed.
have heard Mr.Thiayagarajan, learned counsel appearing on behalf of the
appellant and Mrs. R.Rajani, learned counsel appearing on behalf of the
We have also examined
the judgment under appeal as well as the materials on record. The only question
that was agitated before us by Mr.Thiayagarajan, learned counsel appearing for
the appellant challenging the judgment of the High Court revoking the probate
granted in respect of the Will executed by the testator, was that the
respondents having no caveatable interest in the estate of the deceased, the
application for revocation filed by them could not be allowed. We are unable to
accept these submissions made by Mr.Thiayagarajan, learned counsel appearing on
behalf of the appellant only for the simple reason that admittedly the
respondents were grand children of the testator and they have claimed the
estate of the deceased on the basis of a settlement deed executed by the
testator himself which admittedly was revoked by the testator. That being the
position, we must hold that the respondents had caveatable interest in the
estate of the testator and, therefore, they are entitled to be served before
the final order is passed. It is well 2 settled that if a person who has even a
slight interest in the estate of the testator is entitled to file caveat and
contest the grant of probate of the will of the testator.
the reasons aforesaid, we do not find any ground to interfere with the impugned
order of the High Court.
learned counsel appearing for the appellant submits, on instruction, that the
present respondents shall be made parties in the proceeding for grant of
probate within a fortnight from this date. If such an application of
impleadment is filed, it is needless to say that the same shall stand allowed
and, in that case, the probate proceedings as well as the suit being Suit
No.772 of 2005 filed in the original side of the Madras High Court shall be
clubbed together and dispose of at an early date preferably within four months
from the date of communication of this order.
the above direction, the appeal is disposed of. There shall be no order as to
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