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Regarding caveat

(Querist) 07 July 2018 This query is : Resolved 
My father in law made a registered will we have applied for probate in 2016. In sister in law filled a caveat without affidavit the prothnotarry given him time for filling affidavit they have not filled affidate the matter goes.for summons issued after as disposed but they filled debate but we have not received cevate paper how we can get that what will be the next pross
Dr J C Vashista (Expert) 08 July 2018
Vague and confusing statement.
No caveat is accepted by registry without a supporting affidavit.
Consult your lawyer if you are a party. However, as counsel for the party recheck and seek guidance from local senior.
Vijay Raj Mahajan (Expert) 08 July 2018
What you'll do with copy of caveat? Want make some dish out of it? Caveat is nothing but a simple application made to the court for not passing any order on any matter placed before it without giving notice to the person who filled such caveat , and to hear to his/her side with regard to the matter before the court. You have not got copy of caveat so ask for it from the court if you're so much interested in it, when the other party is already marked her presence in the court after your filling application for probation of Will and no more requirement for the caveat exists for now.
R.K Nanda (Expert) 08 July 2018
State facts clearly.
Ms.Usha Kapoor (Expert) 08 July 2018
Agree with Vijay Raj Mahajan.
P. Venu (Expert) 08 July 2018
Yes, tge caveat in the given context is meaningless. Your priority ought to be in getting the Will probated,
Ms.Usha Kapoor (Expert) 09 July 2018
Agree with Vijay Raj Mahjan.
Ms.Usha Kapoor (Expert) 09 July 2018
Agree with Vijay Raj Mahajan.


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