Will of Grandfather
1 week ago
My cousin brothers father made a will in my name, I have given it for probate in high court, now it is in pre admission stage since 4 years. before I go for probate my cousin brother took heirship certificate from gujarat (Rajkot) for Rajkot property only, then I went for revocation but rajkot civil court rejected my revocation application, then I appealed for revocation of certificate in the same court...Now civil court ask that why your case is pending in bombay high court and what is the reason, and asking letter from court for pendency and stage of my case in bombay high court. My Bombay advocate says court never give any letter to anyone..you have to check online. If I wont provide letter to rajkot court then I will get stay in appeal in rajkot. So What do I do?
Firstly, with respect to the probate case pending before the court, you can consult your lawyer to identify the reason for delay and enquire the ways to expedite the case. Visit the official website of the Bombay High Court to know the status of the case. You can also contact the registrar or administrative officer of the high court to know the steps to be taken in order to expedite the case.
Next, if your case is not being listed, then you can file a "listing application" and request to schedule your case for a early hearing. Further, you can file a case under Article 226 of the Constitution for the denial of your right to speedy trial. This will ensure in speedy adjudication of your probate case. In case, the Rajkot Court has asked you the reason for the pending case, it is important to provide the information on the same by taking the assistance of your advocate.
Hope it helps.
Thank you.
To ensure the authentic status of a pending case, you must obtain a certified copy of days proceedings or an order sheet of the latest hearing from the concerned Court where your probate case is pending. You can obtain a certified copy of the day's proceedings or an order sheet of the last day of hearing of the probate case from the Bombay High Court if you are a party to the case. You have to fill out an application form for the issue of CC and pay the required fees and at that time you might need the help of a law clerk of the Court. Once you obtain the certified copy of the day's proceedings or the order sheet of the last day of the hearing, you can submit the same before the Court at Rajkot as directed, your appeal for stay may be allowed by the Court based on the status of the case pending in Bombay High Court. If required you may hire the service of an Advocate to obtain the certified copy from the Court.
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