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
Rajender Prasad
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
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.
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