Challange a probate case.
5 years ago
Dear Sir,
My grandfather died in 1995,he had made a property (house) in 1966,my father have three brothers and two sisters at the time of death no will was found but we all now that there must be a will but nobody knows where is the will,When in 2013 my father and (one of his brother and his two sisters together) filed a property distribution case in civil court.One of my uncle(the eldest brother),who was not with my father during filing of property distribution case respond in the court that he had a will in which my grandfather given all the property to him because he helped financialy my grandfather in his life time.
My father and his one brother and two sisters respond in the court that "when he will submitted the will we will challenged it",
but till 2018 he(my uncle) did not submitted (file)the will in the court, now in 2018,my father(his one brother and two sister) filed an affidavit that the will is forged.
Last week on 25-10-2018,my uncle filed a probate case with original will having signatures of my grandfather and signatures of two witness with afadavit of one witness.
None of us (all the brother and sisters) know the witness.
As per the will all the movable and immovable property are in my uncle name and signatures of my grandfather seems to be genuine and one of the witness also confirm it in afadavit.
Please advise us what should we do...
1)Our advocate advise us contest the probate case on the following ground...
(A) That my uncle filed the probate case very late(after 23 years of death) and it is time bared.
(B)That the will is forged and the signatures of my grandfather are not
Genurine.
Please advise what should we do further.
Regards,
Peeyush Kumar
Deepak Yashwantrao Bade
Responded 5 years ago
ARPIT BATRA
Responded 5 years ago
Anonymous
Replied 5 years ago
Dear Sir,
Thanks for your advice,
Yesterday when we asked to our advocate for further action and also about the chances to win the case if we contest the probate on the the grounds :-
1)That my uncle filed the probate case very late that is after 23 years of the death of the testator (my grandfather).
2)That the signatures of testator (my grandfather) are not genuine.
My advocate told me that the chances to win the case are very less(30%),but you(my father and his brothers)do not have any other alternative because your brother will also fight the case on the following grounds:-
1)He is in the possession of the property.
2)Why you all (my father and his brother and sisters) did challenged the will after 23 years of the death of the testator (my grandfather died in 1995) and you all know know that there was a will and had already declares it in 2013 in the court.
3)If the will is not the genuine why you all left the posession of the property.
4)Now it is time bared to contest the will.
Sir my advocate also told to my father and all my uncles, it is not easy to contest the case chances are only 30% only, and an expensive but you do not have any other alternative.
Please guide us should contest the case or surrender it, in favour of my uncle.
We all are in good talking terms(my father and all my uncles) but when we all discuss on this case it ends with no solution.
Regards,
Rajender Prasad
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
Anonymous
Replied 5 years ago
Dear Sir,
Please inform me is there time limit to file a probate application.
ARPIT BATRA
Replied 5 years ago
You can directly contact us for the same.
Vishwabandhu
Responded 5 years ago
Anonymous
Replied 5 years ago
Dear Sir,
I very well know that the signatures on the will are genuine and of the testator and if the handwriting expert will confirm the same,what will be the fate of this case.
My father is 70 year old and the only contestant from our side but my uncle (76 year old) and his whole family (his two sons and three grand sons are there in Haridwar one of his grandson is an Advocate).
Is it expensive to fight.
Should I go to my uncle for compromise or should I fight the case,we are in good talking terms with uncle.
Regards,
Peeyush Kumar.
Anonymous
Replied 5 years ago
Dear Sir,
Is there any time limit to file a probate application .
Vishwabandhu
Replied 5 years ago
Dear client for further response send a consultation request to this site vidhikarya.
Vishwabandhu
Replied 5 years ago
Dear client there is no time limit to file a probate application . As the partition case i has been filed recently and is pending so they have right to produce will and get probate.If court declares that will is genuine then they will get all the property according to will.
Anonymous
Replied 5 years ago
Dear Sir,
I know that the will is genuine and both the witness confirm it.
None of us know the witness therefore only my uncle took five years to search them and found them alive.
Please guide me should I contest the case.
Is there any thing in our favour by which we can contest and win the case.
Vishwabandhu
Replied 5 years ago
Dear cleint your case is very weak. But send me copy of the will. Let ne see it.
Anonymous
Replied 5 years ago
Dear Sir,
Thanks for your advise,please give me your address on which I can sent you the copy of the unregistered will.
Regards,
Vishwabandhu
Replied 5 years ago
Dear Client u can get my address through vidhikarya,. As per my agreement with vidhikarya I can not give contacts details directly to clients.
What your advocate has said is correct. Add that since it was not seen the light for all these years so suspicion arise about its genuinity. Secondly it was never acted upon because it was not bona fide.
Anonymous
Replied 5 years ago
We all know that the signatures on the will are genuine and I think that the signature expert will give his opeion the same.
Now please advise should we fight the case or go to my uncle for compromise.we are good in talking terms with uncle.
Regards,
Peeyush Kumar
Anonymous
Replied 5 years ago
Dear Sir,
Please inform me is there any time limit to file probate application.
You have the right to claim your Ancestral property.
Find out a good Advocate through Vidhikarya.Com if you are not sure of your Advocate at the moment.
You have also the right to choose your Advocate.
This looks bit complicated and one has to see the papers/Wills and other related documents before say anything with regard to the case.
Shanti Ranjan Behera,
Advocate
Anonymous
Replied 5 years ago
My father aged 70 years old and my mother aged 68 years old are there in Haridwar from our side but my uncle aged 76 years and his two sons and three grand sons are there in Haridwar, and one of his grand son is an advocate from opposite site.
We all are in good talking terms if you advise I can go to my uncle for compromise.we please advise me what should I do.
What is the fate of the case.
Regards,
Peeyush Kumar
Shanti Ranjan Behera
Replied 5 years ago
Dear Client,
Do not worry even if one of them is an Advocate.
Your Advocate seems to be on the right track.You have the right to claim the Ancestral property.Here crucial factor will be the evidence.Work on it.Still you have the chance.
Shanti Ranjan Behera, Advocate
Anonymous
Replied 5 years ago
There are two unknown persons who had signatures as witness and both of them are still alive and confirming that the will is correct and verified.
Anonymous
Replied 5 years ago
Dear Sir,
Please inform me is there any time limit to file probate application.
Sc-st land
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