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Q.Is there any limitation on 24 old unregistered will.

Q. Is there any limitation on 24 old unregistered will.

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Anonymous

posted 2 weeks ago

Dear Sir,
My father(eldest son) and my grandfather bought a plot jointly in 1963(50:50:), my grandfather constructed a house in 1965 on this land.For some family requirements in 1971 my father sold his 50% share to his uncle but no possession was given to him.
In 1975 my father again purchased that 50% portion.Since my father was not in town he purchased that property in the name of my grandfather.
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 has given all his movable and immovable property to my father through his will at the time of his death in 1994 and my grandfather mentioned that his eldest son(my father) supported(financially) him during his whole life in his family responsibilities.
All the brothers of my father were living together in the same property made by my father and grandfather at the time of my grandfather's death.But now only one of them is currently living here in the property.
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 witnesses in a file which was unregistered.
I showed the will to my father and all uncles,all three uncles and two aunties were surprised and next day all of them filed a property distribution suit in the court and sent the notice to my father.
My father consulted the advocates and gave a written statement in the court that he has a will of my grandfather in which my grandfather had given all his movable and immovable property to my father through will.
My all uncles and aunties replied in the court that when my father will submit the will in the court they will challange it. In last five years neither they challenged the will nor my father submitted the will in the court.
Two years back one of my aunt expired.
Now in September,2018,one of uncles filed an affadavit in the court that my grandfather did not make any will.
Our advocate advised us to file another suit for probate of will in the court.
My father filed another case of probate of will in the court with the affadavit of one of the witness of the will and submitted the orignal will in the court sent notice to all my uncles one aunty and to the children of my deceased aunty also.
Only one uncle received the notice but nobody respond the notice till date.
Please advise us are we going in the right direction or we should do some thing more.
Regards,

Showing 3 of 3 Responses

A. Your father get Probate as others not ready to file objections. Suit will be dismissed

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 weeks ago

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Anonymous

Replied 2 weeks ago

According to your answer I understand the following sir .....
My father will get the Probate of Will without contest.
And their Partition suit will dismissed.
Regards,

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A. The quiestion is already clarified in this portal,however if you have reservation about the advocate handling the case,you can contact a expert lawyer from this panel to guide you on all aspects of the on going case.

Ambrose Leo

Experience: 9 Year(s)

Responded 2 weeks ago

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A. Dear Client,
The same question has already been answered in this forum .
Secondly, to repeat, trust your conducting Advocate who is handling the case.
Thirdly, in case of doubt get some books either in English or in Hindi and get your self clarified.
Since you are from Uttarakhand hope you know Hindi reasonably well.
Try to settle it amicably otherwise it will be delayed further.
Shanti Ranjan Behera
Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 weeks ago

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Anonymous

Replied 2 weeks ago

I do not understand legal fight in the court therefore I need your openions.
I have full confidence and trust on my conducting advocate who is handling the case.He is the best advocate in the town.
Thanks for your valuable advice.
Regards,

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