A probate caveat alerts the Court that an interested person opposes a grant being made without notice. It is a safeguard, not a final finding that the will is invalid.
1. Check the caveator’s interest
The caveator should show an interest affected by the grant, such as entitlement under an earlier will or intestacy if the propounded will fails.
2. Follow current filing rules
Sections 284 and 285 recognise caveats and restrict further proceedings until notice is given. Form, affidavit, service and timing must follow current Original Side Rules and registry directions.
3. State relevant objections
- Lack of due execution or attestation.
- Lack of testamentary capacity.
- Coercion, fraud or undue influence.
- Forgery or fabrication.
- Unexplained suspicious circumstances.
- A later valid will or codicil.
4. Preserve evidence
Collect admitted signatures, medical records, correspondence, drafting records, witness details and information about custody of the will.
5. Prepare for a testamentary suit
If the objection is maintained, section 295 procedure may require pleadings, discovery, witness examination and trial preparation.
6. Evaluate lawful resolution
Parties may resolve connected estate disputes, but cannot privately make an invalid will valid. Minors, absent parties and court orders require special care.
Frequently asked questions
Does a caveat permanently stop probate?
No. It ensures notice and an opportunity to contest; the Court decides the proceeding.
Can a caveat be discharged?
Yes, depending on standing, compliance, current rules and the Court’s order.
Should an applicant ignore an informal objection?
No. A credible dispute should trigger early evidence preservation.
Official legal references
- Indian Succession Act, 1925 — especially sections 273 and 276–301.
- Calcutta High Court Registry — Original Side Testamentary Department.
- Calcutta High Court gazette notifications and Original Side Rules.
See the Calcutta High Court probate cluster guide.
Related Kolkata Legal Service guidance
- Calcutta High Court lawyer services
- Calcutta High Court Original Side lawyer
- Civil suit process in Kolkata
- Contact Kolkata Legal Service
Important: General information only, not legal advice. The correct forum, grant, valuation, caveat procedure, evidence and court requirements depend on the will, estate, parties and current rules.
