It is necessary to obtain probate of privileged wills. My father was in the army, while in service he expired. We received original will and copy of will attested by notary and army HQ. As per the will my mother is sole heirs and executrix of the will. Whereas are are two bother and two sisters. When we submitted the copy of the will to one of the department for transfer of house which my father had bought, they refused to accept the will stating that they have not seen this type of will.
Now they are saying that they affidavit from all four of us (two bothers and two sisters) to which my elder brother and his wife has refused to give as they are not supporting us in this transfer.
I want to know is do we need to go to the court to take probate of the will. If my elder bother is not supporting us then how will it be possible.
We have already sold this house to other person and made him clear that posession will only be after transfer of house in my mother's name.
Please advice what to do now. We are really in trouble as the buyer is asking us to act fast or else he will proceed legally against us.
Is it necessary to take probate of the will when my mother is sole heir and executrix .
Thanking you all in advance for your valuable reply.
