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Dear Client,
In testamentary succession, Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court/District C

Dear Client,
In testamentary succession, Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court/District C

Dear Client,
From the prolonged contents of the query, it appears that the plaintiff had filed a partition suit and while a partition suit was pending, the defendant executed an unregistered Will, so the question arises as to how the testator/defendant executed a will without having a title on his share in the said undivided property. It is settled law that until and unless an undivided property is partitioned through a decree of the Court, the legal heirs/coparceners cannot be considered as th

Dear Sir,
On the basis of Will that party seems to be in illegal possession of the property who is known as trespasser more so, criminal trespasser. You may lodge the complaint with the Police and also go for Probate proceedings.

Dear Sir,
Though there is a limitation of 12 years to file a partition suit but it is not being followed literally. Further, the question of limitation is mixed question of facts and law. Thus, the Trial Courts continue with Suits and the person in possession will enjoy the property.

Dear Client,
From the prolonged contents of the query, it appears that the plaintiff had filed a partition suit and while a partition suit was pending, the defendant executed an unregistered Will, so the question arises as to how the testator/defendant executed a will without having a title on his share in the said undivided property. It is settled law that until and unless an undivided property is partitioned through a decree of the Court, the legal heirs/coparceners cannot be considered as an

Dear Client,
A beneficiary can challenge the validity or veracity of the Will on the grounds of undue influence, coercion, or fraud in making the Will before the Court. When the language of the Will does not match with that of the testator and is uncertain then the validity of the will can be challenged. Even, if a sibling thinks the deceased made a will when not mentally capable of doing so or were unduly influenced, then he/she can challenge the validity of a Will. The most common legal ground

Dear Sir,
You have to get Will probated by approaching District Court. It will take about 12-18 months to get such succession certificate even though you are the only legal heir to the deceased. In the said succession certificate the details of shares will be mentioned which can be transferred in your name.

Dear Client,
From the contents of the query, it appears that the plaintiff had filed a partition suit in 2013 and while a partition suit was pending, the defendant executed an unregistered Will, so the question arises as to how the testator/defendent executed a will without having a title on his share in the said undivided property. It is a settled law that until and unless an undivided property is partitioned through a decree of the Court, the legal heirs/coperceners cannot be considered as an

Dear Client,
Section 468 of the Code of Criminal Procedure, 1973, prescribes the period of limitation to file a criminal suit for a criminal offence. The maximum period for filing a criminal suit against a criminal offence is 3 years from the date of the cause of action, i.e., occurrence or commission of an offence. No court shall take cognizance of an offence on the expiry of the limitation period. So, after the lapse of 12 years, your right to sue is now barred by limitation.