Caveat Against Probate Format in India: Section 284 Guide

IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE / HON'BLE HIGH COURT OF [NAME OF STATE/CITY]
AT [LOCATION]
TESTAMENTARY AND INTESTATE JURISDICTION

CAVEAT PETITION NO. ________ OF 2026

IN THE MATTER OF:
Estate of Late [Full Legal Name of Deceased], deceased.

AND IN THE MATTER OF:
Section 284 read with Schedule V of the Indian Succession Act, 1925

[Full Name of Caveator]
Son/Daughter/Spouse of [Father's/Spouse's Name]
Residing at: [Complete Permanent Address]
... CAVEATOR / OPPONENT

VERSUS

[Full Name of Propounder / Suspected Applicant]
Son/Daughter of [Father's Name]
Residing at: [Complete Residential Address]
... PROPOUNDER / APPLICANT

CAVEAT UNDER SECTION 284 & SCHEDULE V OF THE INDIAN SUCCESSION ACT, 1925

TO,
THE HON'BLE DISTRICT JUDGE / REGISTRAR (TESTAMENTARY)
AND THE DISTRICT DELEGATE:

Let nothing be done in the matter of the estate of the late [Full Name of Deceased], late of [Permanent Residence of Deceased], deceased, who departed this life on the [Day] day of [Month], [Year] at [Place of Death], without notice to [Full Name of Caveator], residing at [Complete Residential Address of Caveator], who is the lawful [Son / Daughter / Spouse / Class I Legal Heir] of the said deceased and holds a bona fide, vital caveatable interest in the estate of the deceased.

Dated this _______ day of _____________, 2026.

ADVOCATE FOR CAVEATOR                                CAVEATOR
[Advocate Name, Enrolment No.]                       [Signature of Caveator]
[Chamber Address & Email]

IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE / HON'BLE HIGH COURT OF [NAME OF STATE/CITY]
AT [LOCATION]
TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY PETITION / SUIT NO. ________ OF 2026

IN THE MATTER OF:
Petition for Probate / Letters of Administration of the Alleged Will dated [Date of Disputed Will] of Late [Full Name of Deceased].

[Full Name of Propounder]                               ... PETITIONER / PLAINTIFF
VERSUS
[Full Name of Caveator]                                 ... CAVEATOR / DEFENDANT

AFFIDAVIT IN SUPPORT OF CAVEAT
(Filed pursuant to Section 284 ISA read with High Court Testamentary Rules)

I, [Full Name of Caveator], aged about [Age] years, son/daughter/spouse of [Name], residing at [Complete Residential Address], do hereby solemnly affirm and state on oath as follows:

1. That I am the Caveator in the above proceeding and the lawful [relationship, e.g., son / daughter / surviving spouse] of the deceased Late [Full Name of Deceased], who died on [Date of Death]. As a Class I legal heir under Section 8 of the Hindu Succession Act, 1956, I have a direct, substantial caveatable interest in the deceased's estate.

2. That the Petitioner has filed the present petition seeking Probate of an alleged writing dated [Date of Disputed Will] purporting to be the Last Will and Testament of the deceased.

3. That I dispute and challenge the genuineness, validity, and due execution of the alleged Will on the following substantive grounds:
   (a) SUSPICIOUS CIRCUMSTANCES: The alleged Will excludes natural legal heirs without plausible explanation and was drafted under active participation of the sole propounder-beneficiary.
   (b) LACK OF TESTAMENTARY CAPACITY: At the time of alleged execution, the deceased was suffering from severe cognitive illness and was medically unfit to understand the nature or consequences of the disposition.
   (c) UNDUE INFLUENCE AND COERCION: The deceased was kept in total isolation and the document was procured under duress, coercion, and misrepresentation.
   (d) DEFECTIVE ATTESTATION: The alleged Will was not executed or attested in accordance with the mandatory statutory requirements of Section 63 of the Indian Succession Act, 1925.

4. That in view of the aforesaid contentious disputes, the present petition cannot be adjudicated summary-wise and must be registered and tried as a Contentious Testamentary Suit under Section 295 of the Indian Succession Act, 1925.

VERIFICATION:
Verified at [Location] on this [Day] day of [Month], 2026, that the contents of paragraphs 1 to 4 of this Affidavit are true and correct to my knowledge and legal advice received, and no part thereof is false.

DEPONENT