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Q.Limitation of Probate of 24 Years Old Unregistered Will and Contest of Partition Suit on its behalf.

Q. Limitation of Probate of 24 Years Old Unregistered Will and Contest of Partition Suit on its behalf.

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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 grand father 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. Dear Client,
The best option for you would be to go through a local Advocate who know the Will part well.If this is not possible due to some constraints then get in touch with vidhikarya.com.
But should know the following in any case.
The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will.
In India taking of Probate is compulsory without Probate the Will has no value. ... In Mumbai probate is mandatory for a will, failing which the will is nothing but a waste paper. So if your father made a bequest of his properties then you have to file a petition for probate in the competent civil court.
What happens when a Will is not probated?
If a person dies and leaves a will, then probate is required to implement the provisions of that will. However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance).
Shanti Ranjan Behera,
Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 weeks ago

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Anonymous

Replied 2 weeks ago

Dear Sir,
My father has already filed a Suit(Probate of Will) in the court of District Judge with an affadavit of one witness of the will.
But only one uncle who is living in the town in the same property received the notice.
We have also publish the notice in the local News Paper shortlisted by the court.
Two of my uncles and one aunty have already shifted in Banglore and Greater Noida( Before filing the Suit) and we do not know their address.
One aunty(deceased), who was living in Meerut,has three children,but no body received the notice of Probate Suit.
Now the situation is out of 7(seven notice) only one received the notice(by the one Uncle) who is living in the twon and in the same property.
None of them responded the Probate Suit till date.
Sir since all are togetter filed the Partition Suit initally,and also fighting it togetter(their advocate is one and same) can the court assume that the notice served(since one uncle received the notice) to all and act accordingly.
I think they all know that the witness is in favour of will and there fore they unnessary delay the Probate Suit.
Now two Suits are in the court one Partion Suit filed by my three uncles and two aunty five years back and one is Probate of Will suit filed by my father three months back.
Please advice.

Reply

A. You are going the right direction, will is the most disputed legal document .Now it is for the court to decide after recording all the parties/witness concerened,you have to follow up the case for final judgement.

Ambrose Leo

Experience: 9 Year(s)

Responded 2 weeks ago

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Anonymous

Replied 2 weeks ago

Dear Sir,
All my three uncles and two aunty and their children know that the will is there because six months before making the will my grandfather explained it to everybody.
Now only one of my uncle received the notice but nobody responding in the court.
They are continiously in my contact and trying to compromise and also expecting some share.

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Anonymous

Replied 2 weeks ago

Dear Sir,
One of my uncle(younger brother of my father) received the Probate notice.
His son came to us for compromise and distribute the property but when we refused for any out of court settlement he(Gaurav Gupta) threat us that he(Gaurav Gupta) will use his contact with PMO and also some gunda elements to settle the matter out of court.
Actually he is working with Price Water House( a multinational co) and at the moment Price Water House is the consultant of Primeminister Office.

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Ambrose Leo

Experience: 9 Year(s)

Replied 2 weeks ago

You have to persue the will in your favour as per the order of the court in issueing the notice,publishing in local news paper etc., if need take assistance of a local lawyer from the panel for quick compliance & order of the court on will in your favour.

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Anonymous

Replied 2 weeks ago

Dear Sir,
My father have already publish the probate notice in the local News Paper, authorised by the court.
But sir only one of uncle received the Notice, who is living in the town in the property purchased by my father and grand father.
Two of my uncle already shifted to Banglore two of my aunty already shifted to Meerut and Noida before filing the Probate suit therefore we do not know their current address.
We have sent the Notices on the address mentioned in the partition suit and all the notices returned.
Please advice.

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Ambrose Leo

Experience: 9 Year(s)

Replied 2 weeks ago

The Probate Notice is published as authorised by the court then you can approach the court with the cuttings,in case of contestant in other cities national news paper circulation to be published & news paper cutting to be filed through your lawyer for court record & order.

Reply

A. If will not traceable then how u know his property in Ur father's fevers. According to the law all legal hair having equal rights. If will not got u then nothing any other way

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 weeks ago

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Anonymous

Replied 2 weeks ago

Dear Sir,
Please read the complete query you will know later on we get the will but it is Unregistered.

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Anonymous

Replied 2 weeks ago

You please give me your best advice after you read it throughly.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 2 weeks ago

U should exicute it

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Anonymous

Replied 2 weeks ago

My father has already filed a Probate suit with orignal will along with an affadavit of one witness of the will.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 2 weeks ago

Then u should wait till judgment

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