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High Court probate appeal dismissed after finding no substantive irregularity in the administrator’s appointment or estate distribution.
The plaintiff is a fit person to be appointed administrator of the estate of the late Chana Uka Modhwadia, as he has interest in the estate, was approved by other beneficiaries, and no sufficient evidence was provided to prove untrustworthiness or forgery. The exclusion of Jeta from the list of beneficiaries was justified by procedural requirements, and Jeta's rights as a beneficiary are preserved through his administrator. The appointment of a co-administrator is not warranted as it would likely cause further conflict and delay.
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The caveat was premature as it challenged the list of properties rather than the eligibility of the petitioner for appointment. The law requires that property disputes be raised after the administrator is appointed and files an inventory. Therefore, the caveat was dismissed and the petitioner was granted letters of administration.
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