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Whether Affidavit filed for caveat after 8 days valid?


03-Jan-2023 (In Property Law)

My uncle has challenged will by my grandmother who has passed on estate to my father. The will has been rightfully executed. We are contesting the will in high court and applied for probate/letter of administration. It was noticed the affidavit was filed on 30/11/15 whereas the caveat was submitted on 21/11/15 resulting in lapse of 1 day between the two proceedings. Can we request for grant of probate in that event of failure to submit within prescribed timing? What are the typical action from the defendant for the same? Does court grant pardon for such delay? Any insight you can provide will

Answers (1)

Answer #1
739 votes
There is delay of only 1 day. Further, they can claim that on 29th it was Sunday and hence submitting affidavit was not possible on holiday, they filed it on next day i.e. 30th resulting there is no delay as such.
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