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Q. Probate of 24 years old unregistered will.

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Anonymous

posted 9 months ago

Q.Probate of 24 years old unregistered will.
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,

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ARPIT BATRA

Experience: 11 Year(s)

Responded 9 months ago

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

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Anonymous

Replied 9 months 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 9 months 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 9 months 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,

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Anonymous

Replied 7 months ago

Now we have two suits in the court:---
(1) First suit is a partition suit which was filed by my uncles in 2013 in this case we have replied in 2013 that we have the Will and now in 2019 we filed a certified copy of Probate case along with 25 years old Unregistered Will alongwith the affadavit of one witness of the Unregistered Will.

My uncles never challanged the Will till now in last 25 years.
Sir my first Question is,"Can my Uncles challange this 25 years old Unregistered Will."

(2) Second suit is a "Probate of 25 years old Unregistered Will" suit filed by my father in October, 2018.
In this suit we filed Orignal 25 years old Unregistered Will with the affadavit of one witness of the Will.
In this case only one uncle(out of 4) received the summon other uncles did not received the summons in November,2018.

But none of my uncle appoint their advocate in this case(means none has been present from their side) neither any witten statement come my uncles side in the court till date.

My question, "What court will decide in this suit if no body challange the case."

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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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

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Anonymous

Replied 7 months ago

Now we have two suits in the court:---
(1) First suit is a partition suit which was filed by my uncles in 2013 in this case we have replied in 2013 that we have the Will and now in 2019 we filed a certified copy of Probate case along with 25 years old Unregistered Will alongwith the affadavit of one witness of the Unregistered Will.

My uncles never challanged the Will till now in last 25 years.
Sir my first Question is,"Can my Uncles challange this 25 years old Unregistered Will."

(2) Second suit is a "Probate of 25 years old Unregistered Will" suit filed by my father in October, 2018.
In this suit we filed Orignal 25 years old Unregistered Will with the affadavit of one witness of the Will.
In this case only one uncle(out of 4) received the summon other uncles did not received the summons in November,2018.

But none of my uncle appoint their advocate in this case(means none has been present from their side) neither any witten statement come my uncles side in the court till date.

My question, "What court will decide in this suit if no body challange the case."

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months 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.

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Anonymous

Replied 7 months ago

Now we have two suits in the court:---
(1) First suit is a partition suit which was filed by my uncles in 2013 in this case we have replied in 2013 that we have the Will and now in 2019 we filed a certified copy of Probate case along with 25 years old Unregistered Will alongwith the affadavit of one witness of the Unregistered Will.

My uncles never challanged the Will till now in last 25 years.
Sir my first Question is,"Can my Uncles challange this 25 years old Unregistered Will."

(2) Second suit is a "Probate of 25 years old Unregistered Will" suit filed by my father in October, 2018.
In this suit we filed Orignal 25 years old Unregistered Will with the affadavit of one witness of the Will.
In this case only one uncle(out of 4) received the summon other uncles did not received the summons in November,2018.

But none of my uncle appoint their advocate in this case(means none has been present from their side) neither any witten statement come my uncles side in the court till date.

My question, "What court will decide in this suit if no body challange the case."

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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

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Anonymous

Replied 7 months ago

Now we have two suits in the court:---
(1) First suit is a partition suit which was filed by my uncles in 2013 in this case we have replied in 2013 that we have the Will and now in 2019 we filed a certified copy of Probate case along with 25 years old Unregistered Will alongwith the affadavit of one witness of the Unregistered Will.

My uncles never challanged the Will till now in last 25 years.
Sir my first Question is,"Can my Uncles challange this 25 years old Unregistered Will."

(2) Second suit is a "Probate of 25 years old Unregistered Will" suit filed by my father in October, 2018.
In this suit we filed Orignal 25 years old Unregistered Will with the affadavit of one witness of the Will.
In this case only one uncle(out of 4) received the summon other uncles did not received the summons in November,2018.

But none of my uncle appoint their advocate in this case(means none has been present from their side) neither any witten statement come my uncles side in the court till date.

My question, "What court will decide in this suit if no body challange the case."

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 9 months 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.

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Anonymous

Replied 7 months ago

Now we have two suits in the court:---
(1) First suit is a partition suit which was filed by my uncles in 2013 in this case we have replied in 2013 that we have the Will and now in 2019 we filed a certified copy of Probate case along with 25 years old Unregistered Will alongwith the affadavit of one witness of the Unregistered Will.

My uncles never challanged the Will till now in last 25 years.
Sir my first Question is,"Can my Uncles challange this 25 years old Unregistered Will."

(2) Second suit is a "Probate of 25 years old Unregistered Will" suit filed by my father in October, 2018.
In this suit we filed Orignal 25 years old Unregistered Will with the affadavit of one witness of the Will.
In this case only one uncle(out of 4) received the summon other uncles did not received the summons in November,2018.

But none of my uncle appoint their advocate in this case(means none has been present from their side) neither any witten statement come my uncles side in the court till date.

My question, "What court will decide in this suit if no body challange the case."

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Replied 7 months ago

(1) Yes, they can challenge the will even now particularly, if it came to their knowledge only now.
(2) date of the will is actually not the point, The date of death of the author of the will is the relevant date.
Further, you have to serve the notice on all of the respondents.

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Anonymous

Replied 7 months ago

Thanks once again madam.
Madam they know about the Will since 1994, my grand fater died in 1995 that time also they discussed on the Will, but in 2013 when they filed partition suit my father respond in the suit that my father had a Will in which my grandfather given all his property to my father.

Now in 2018 when my father filed Probate of Will suit he had filed the Will in the court.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Replied 7 months ago

If the will was in your father's custody all the time and he filed it only in 2018, then your father would have to explain the delay of nearly 24 years.
Their knowledge of the will would also have to be proved by your father.
In any case, once your father has filed the will, their limitation would start. They would have to challenge it soon
Further, please serve the notice on all respondents as soon as possible.

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Anonymous

Replied 7 months ago

Only one respondent(my uncle) received the notice(who is living in the same property) two of them refused to received(they are living in Meerut) three of them changed their rented residence in Banglore.
We has publish it in the local news paper also.
But there advocate in the Partition suit is same.
Here in this case we have filed a certified copy of Probate suit and also filed certified copy of Will.

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