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Court objections to caveat filed by brother
27-Dec-2024 (In Wills / Trusts Law)
A caveat was filed in response to my application for a probate. One of my siblings has filed a caveat opposing the grant of probate.
However, his caveat has some technical errors and the court office has raised a few objections. It is now more than 6 month and my brother or his lawyer have not amended/rectified the errors pointed out.
Can I appeal to the court to dismiss his caveat, given the delay in the rectification of the errors?
Errors or objections can be rectified and it does not make the filing of the Caveat otiose. Though the objections have not been removed but pursuant to administrative orders the same will be rectified in due course of time. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Need to see the order or directions of the court and status of the case
In what capacity he has filed the caveat and what is his prayer
The court will support your application and request if the objections are of serious nature
Have to know the objections first
You can file an application for dismissal anyways to acquaint the court
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Adv. Susmita Jagtap
Pune | 50+ Answers
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Well, as the Caveat has not been successfully file, there is no objection recorded by Court from your Brother's end to not issue you grant of Probate without hearing him. There may be any other possible reasons because of which delay is happening in you getting probate.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, you can approach the court to seek dismissal of the caveat due to inordinate delay and failure to rectify the errors. The provisions under probate laws and procedural rules empower the court to dismiss a caveat where the caveator has not acted diligently to comply with procedural requirements.
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Adv. Jairam Chandnani
Mumbai | 5+ Answers
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As per the law, the life span or the validity of the caveat is for 90 days from the date of its filing. Thus, after a lapse of 90 days from the date of filing it’s automatically expires.
As stated by you the caveat suffers from lacuna, thus the same has not been registered as of.
So there is absolutely no reason for you to approach the Court for dismissal of caveat.
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Adv. Rahul Pardeshi
Pune | 50+ Answers
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