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Section 284: Caveats against grant of probate or administration

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 283 All 391 Sections of Indian Succession Act Section 285

Legal Commentary & Landmark Judgments: Section 284

Section 284 provides for the lodging of a Caveat against the grant of probate or letters of administration by any person claiming an interest in the estate.

  • Right to Enter Caveat: Caveats against the grant of probate or administration may be lodged with the District Judge or District Delegate by any person having an interest in the estate.
  • Precautionary Restraint Notice: The caveat acts as a statutory 'stop order', commanding the court that nothing be done in the estate without notice to the caveator or his advocate.
  • Prescribed Statutory Format: Must be lodged in the prescribed form set forth in Schedule V of the Act.
Key Landmark Precedents:
  • Basanti Devi v. Ravi Prakash (2008) 1 SCC 267: The Supreme Court recognized that lodging a caveat under Section 284 is the primary procedural safeguard through which caveators assert caveatable interest to contest fraudulent wills.
  • Chiranjilal Shrilal Goenka v. Jasjit Singh (1993) 2 SCC 507: Affirmed that any person whose inheritance or property rights would be adversely affected by the will possesses caveatable interest under Section 284.
Courtroom Practice & Strategic Litigation Guidance:

A caveator must demonstrate 'caveatable interest' (i.e. that he would succeed to the estate in whole or part if the will were declared invalid); strangers claiming paramount title independent of the testator cannot maintain a caveat under Section 284.

Section 283 All 391 Sections of Indian Succession Act Section 285