‘Person Claiming Adverse Interest Cannot Oppose Will’: Karnataka High Court Sets Aside Impleadment Of Tenant In Probate Case

The Karnataka High Court held that a person who claims a right or title adverse to the testator’s interests cannot be allowed to be impleaded as a respondent to challenge the Will, and such a person also cannot be considered to have a caveatable interest. In the case, a tenant sought to be impleaded in probate proceedings of the deceased who executed a Will in favour of another; the Court held the tenant’s mere occupancy and claim did not suffice to show the requisite interest to oppose the Will. The judgment reiterates the principle that only persons with a legally recognised interest can intervene in probate matters and helps streamline challenge-mechanisms against testamentary instruments. (Live Law)