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Q.Probate of 24 years old unregistered will.

Q. Probate of 24 years old unregistered will.

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Anonymous

posted 1 month ago

Dear Sir,
My grandfather expired in 1995 in Dehradun(Uttrakhand).he had made a will in 1994,but the will was not available(untraceable) after his death.
My grandfather given all his movable and immovable property to my father through will dated 1994.
Therefore all the brothers of my father living together in the property made by my grandfather.
I was working in New Delhi from 1993 to 2005.
In 2013 when I was searching some papers I found the will of my grandfather attessted by two witness in a file which was unregistered.
I showed the will to my father and all uncles,all my uncles surprised and next day all my uncles filed a property distribution suit in the court and sent the notice to my father.
My father consult the advocated and given a written statement in the court that my father has a will of my grandfather in which my grandfather given all his movable and immovable property to my father.
My all uncles replied in the court that when my father submit the will in the court they will challange it. In last five years neither they challanged the will nor my father submit the will in the court.
Now in September,2018,all my uncles filed a affadavit in the court that my grandfather did not make any will.
Our advocate advised us to file an another suit for probate of will in the court.
My father filed an another case of probate of will in the court with the affadavit of one witness of the will and submitted the orignal will in the court.
Please advise us are we going in the right direction or we should some thing more.
Regards,

Showing 5 of 5 Responses

A. Sounds okay on the basis of facts presented here.

ARPIT BATRA

Experience: 11 Year(s)

Responded 4 weeks ago

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Anonymous

Replied 4 weeks ago

Thanks.
Please advice can we submitte the certified copy of will in the partition suit because we have alllready submitted the orignal will with the probate suit.
If yes advice me,should we concentrate on the Partition Suit.
Regards,

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Anonymous

Replied 4 weeks ago

In probate suit till date two of the brother and both the sisters of my father do not received the summons.

Regards

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Anonymous

Replied 3 weeks ago

Dear Sir,
One of my cousin (Gaurav Gupta),came to me on 15-12-2018,and given me a proposal to distribute the property according to him, when I denied he (my cousin) threat me that he is working with Price Water House and looking the work of PMO and also working with 16 Central Minister,and he is in a position to do any thing and influence the suit.
I told him that the matter is in the court and nobody influence the judgement the judge will his judgement on the basis of marit and on facts only.
My cousin brother told me has other option also.He told me a story where somebody kidnap ones son.
Sir I think a person can give this type of threat when he feels that he may loose the suit in the court.
Please advice should I make a complain through court to PMO and Price Water House or lodge a FIR against him or no need to do anything.

Regards,

Reply

A. Dear Client,
Since the matter is already in the Court it will not be right to say anything.
Your conducting Lawyer/Advocate is the right person to talk on the subject as he knows the subject as well as the developments pretty well.
Shanti Ranjan Behera
Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 weeks ago

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A. Dear Sir,
Your case needs to be studied in detailed and find out the possibility of producing the Will before this Trial Court seeking condonation of delay in filing the document on the ground it was recently traced out.

For full procedure contact me on mobile through Vidhikarya.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. Dear sir Ur case will be right direction don't worry

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. Yes. You are going in the right direction. If probate is applicable, you should probate the will as soon as possible. May be it should have started earlier, but the direction is right.

Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 1 month ago

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