Probate In India: Definition, Importance & Application

  Probate In India: Definition, Importance & Application                        @1                        A will  is a document that is drawn by a person with clear instructions as to how his/her assets are to be distributed on their death. In certain situations — and only in certain jurisdictions, such as Mumbai, Kolkota and Chennai — the executor of the will may need to apply for a probate in order to legalise it. This article will discuss, in detail, what a probate is, when one is needed in India, what the court fees are, and how it can be obtained. @2 What is a Probate? The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. A probate, as defined in the India Sucessession Act, 1925, is ‘A copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the

how to file Caveat, what is caveat, what is section 148-A of the Code of Civil Procedure:-

 How to file Caveat, 

what is caveat, 

Period of Limitation/ Validity of Caveat :

           The life of the petition is 90 days, from the date on which it was lodged.  
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  what is section 148-A of the Code of Civil Procedure:- 
               Caveat 1 Point No.1 :- What is Caveat Petition 
(Section 148A of the Civil Procedure Code, 1908) A Caveat is a Latin term which means, 'let a person beware' originated in the mid 16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. The Section 148A of the Code reads as under, 148A. Right to lodge a caveat. @2


(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. 
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(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1). 
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator. 
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(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application. 
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(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
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 Point No.2:- How to File a Caveat Petition:-  Fill a simple format, which is available with all stamp vendors 
1} Name of the Court
 2} Name of the person by whom the suit or proceedings is likely to be field 
3} order, notice, judgment under challenge for whom the caveat has been filed
 4} Name of the person /Persons , who is filing the caveat Petition 
5} Send a copy to the person , whom is going to file proceedings ( Suit, Appeal, Revision,Writ, application ) before any court or tribunal .
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6} Send the copy through registered post 
7} File before the competent court along with the receipt of registered post and all the relevant documents like 
8} Any order, decree, judgment, notification, or circular which is going to affect your rights 
9} File along with court fees and Vakaltanama 
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3. Documents required to be filed along with caveat petition :
1} Caveat petition, 
2} Order against whom proceedings is likely to be instituted  Copy of Receipt of Registered post 
3} Vakalatnama 
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4. What court does do after receiving caveat:-                 court always intimate through notice to the caveator that the suit or writ or proceedings has been filed and the case is fixed for hearing 
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.5 Who may lodge a Caveat? 
(Clause 1) Any person claiming a right to appear before the Court, 
•Where an application is expected to be made 
•Where an application has already been made
 •In a suit or proceeding instituted 
•In a suit or proceeding which is about to be instituted 
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6. Duties of the Caveator (Clause 2) 
             This clause is directive in nature. The person by whom the Caveat has been lodged is called a Caveator. He shall, •Serve a notice of the Caveat by registered post, acknowledgement due
 •On the person by whom the application has been made 
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7. Period of Limitation/ Validity of Caveat :
           The life of the petition is 90 days, from the date on which it was lodged. of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma, the court opined that a person who is a total stranger to a proceeding cannot lodge a caveat. Karnataka High Court G.C. Siddalingappa vs G.C. Veeranna on 18 June, 1981 Equivalent citations: AIR 1981 Kant 242, ILR 1981 KAR 1270, 1981 (2) KarLJ 323 1. High Court held that after filing caveat petition, if the caveator has not heard and any order passed, the order is in effective and ordered the subordinate court to hear the caveator first. 
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