The organisation Roots in Kashmir (RIK) filed a caveat through leading Supreme Court advocate Bimal Roy seeking that no order shall be passed in a petition challenging the revocation of Article 370 without hearing the
caveator.
unless within that period the
caveator commences an action to establish the
caveator's title to the estate or interest claimed and registers a certificate of pending litigation."
After the filing of a caveat by an interested person other than a creditor, the court must not admit a will of the decedent to probate or appoint a personal representative without service of formal notice on the
caveator or the
caveator's designated agent.
Querela nullitatis proponi potest non solum adversus sententias definitivas, verum edam adversus sententias interlocutorias et decreta, a Rota Romana quomodocumque emissa, dummodo, nisi aliud iure
caveator, vim sententiae definitivae habeant.
(195) Third, if the Registrar is satisfied that the
caveator has an interest in the land that has not been extinguished under the Limitation of Actions Act 1974 (Qld), then the Registrar can refuse to register the applicant as owner, instead registering the applicant as having a lesser interest.
A prudent
caveator under the statute should assert in the caveat that he or she is an "interested person"--someone who reasonably expects to be affected by the probate or lack of probate of the will.
The caveat shall contain the decedent's name, the decedent's social security number, or date of birth, if known, a statement of the interest of the
caveator in the estate, and the name, and specific mailing address, and residence address of the
caveator.
AMEND RULE 5.260 Subdivision (c) is amended to (CAVEAT; clarify that a state agency filing a PROCEEDINGS) caveat need not designate an agent for service of process, and to provide that a
caveator who is not a resident of the county where the caveat is filed must designate either a resident of that county or an attorney licensed and residing in Florida as the agent.
5.260 26-0 Subdivision (c) is amended to clarify that a state agency filing a caveat need not designate an agent for service of process, and to provide that a
caveator who is not a resident of the county where the caveat is filed must designate either a resident of that county or an attorney licensed and residing in Florida as the agent.
However, this provision of the bill, read in conjunction with existing [section]733.2123, likely requires the
caveator to challenge the will and the qualifications of the personal representative before a personal representative is authorized to take actions on behalf of an estate.