Authority: High Court at Calcutta

Order Date: 25 September 2026

Case Overview

  • Parties: Appellant Bina Guri Investment Private Limited (caveator) versus the executor and legal heirs of the deceased Bina Devi Bajoria; the executor’s application is identified as GA 3 of 2023 and GA 4 of 2023. The deceased’s estate includes the property situated at 24/2, Alipore Road, Kolkata‑700027.
  • Proceedings: Appeal (APOT/100/2026) against an order dated 31 March 2026 in PLA 234 of 2022. The appellant also filed GA 3 of 2023 (executor’s application for discharge of the caveat) and GA 4 of 2023 (caveator’s application to contest probate).
  • Allegations by Appellant: Claimed a possible future interest in the Alipore Road property, arguing that probate would prejudice its right to future sale proceeds bequeathed to legatees; asserted the will was executed under suspicious circumstances; relied on case law suggesting even a minimal possibility of interest creates a caveatable interest.
  • Respondent’s Contentions: The appellant is neither a relative nor a creditor of the testatrix and therefore lacks a caveatable interest; a pending civil suit (CS 100022 of 1996) challenges the title of the property, and an injunction restrains the defendants from disposing of or encumbering the property, meaning title issues must be resolved in the civil court, not probate.
  • Court Observations: Caveatable interest requires an actual interest in the estate of the deceased; pending litigation does not confer such interest. Probate is a declaration of the genuineness of the will and appointment of the executor, not a determination of title. The court examined precedents (Jagjit Singh & Ors. vs. Pamela Manmohan Singh, Asim Kumar Chattaraj & Anr., Smt. Ashoka Dhar & Anr., Vikash Jain) and found them inapplicable to the present facts.

Final Outcome

  • The appeal is dismissed.
  • Applications GA 3 of 2023 and GA 4 of 2023 are also dismissed.
  • No order is made to add the appellant as a party to the probate proceeding; the probate process will continue without the appellant’s participation.

Topics: Probate, Caveat, Estate Litigation