understanding caveat rejectoin
14-Feb-2023 (In Wills / Trusts Law)
I have a caveat filed by someone against will probate , it is put for rejection since objections are not removed what are timelines now once matter is putup onbard and what happens in next steps
Well, if objection gets removed for the lodging of Caveat, then, the concerned Bench of High Court Judges will become obliged to hear the Respondent, as and when, the Petition to grant Probate filed by the Petitioner will be taken on board as per the CMIS Date. Despite matter gets listed as per the CMIS, there is no guarantee, that, it will be called out on that Day as per the CMIS Date. To understand more about this, kindly connect.
A caveat is basically an instrument filed in court to make sure no ex-parte adverse orders are passed against the party filing the caveat in another case without first issuing a notice and giving them an opportunity of being heard. You must first receive the caveat or intimation about the filing of the caveat in court by post. An objection raised by the filing department would be with respect to the information provided in the caveat and it may be dismissed after a certain period of time for non removal of objections. In which case, you may proceed with your new case as if the caveat was never filed.
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