inspection of will by opp. parties without filing a caveat application

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
Can a relative of a deceased after their appearance in the Probate Case on the basis of citation issued to them, inspect the WILL without filing any Caveat either before the concerned Judge of the Probate Court prescribed under Section 284 of the Indian Succession Act, although in their first appearance has doubted the genuineness of the WILL in a petition filed by them for inspection of the WILL.

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prabhakar singh (Expert) 30 September 2011
In Law a caveat means a legal notice to a court or public officer in advance to suspend a certain proceeding until the notifier is given a hearing:
such as one contemplated by 284 a caveat filed against the probate of a will.

1] Its filing is not mandatory but optional.
2] It is filled before the petition of probate in anticipation that a probate petition may come from other side ,then when it comes,it should not be granted without personal hearing given to caveator.

So being the case,any objector can knowing the probate petition appear even directly and can claim the inspection,nothing is legally objectionablein it.

Raj Kumar Makkad (Expert) 30 September 2011
Though court should allow any party to inspect court file or any document annexed therein only if it files its vakalatnama in the case but even if it is allowed, there is no harm to petitioner.

Sailesh Kumar Shah (Expert) 30 September 2011
I agree with experts.

R.Ramachandran (Expert) 01 October 2011
Yes, without Vakalatnama, nobody would be allowed to inspect a file.

Guest (Expert) 01 October 2011
file the vakalat and then file a memo for inspection of the document to the court. Then only you can view it. no third party can inspect. if you are third party to the proceedings implead your self in the petition and then do what you want.

Chanchal Nag Chowdhury (Expert) 01 October 2011
They have every right to inspect the Will. No need for a caveat.

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