Probate of will

Totally depends on the nature of the objections raised and also the number of legal heirs who have raised objections

A registered WILL is unlikely to be set aside on the count of authenticity.

Once probated it shall bear the stamp of court.

Rest your lawyer that has examined all docs on record can advise you better, including on time etc.

 

 

 

It depends upon the pendecy of cases in the court , you did not mention about his objections , was the property self acquired by your mother and the same was in her name ,the witnesses are alive or not ? If they are alive then meet a lawyer nearby you , fight and get your right by exhibiting the evidences before the court .

dear all,

This property is self acquired by my mother and same was in her name, and witness are alive, and my  brother has taken the objection that  this will is made by deceased is not of her sound and disposing mind and memory because of her advanced stage and various aliments she was suffering from and we have replied  to court that they doing time pass  because there name is not there in the will because it is a mother wish to give the properity to the both daughter and my father has given everthing to their son so they took objection yes your right because of pedency the matter is not come to board and we have complete our all the formalities in the court.

secondly right now in this properety my widow bhabhi is staying with her son and last two years maintaince is also not paid to the society so can you please advice  how to vacat this properety and what is  the way of removing from their because the  is still pending in the court and my brother is supporting to her  

in this case total legal heirs are 8 person including clhild and widow bhabhi

will you plaese advice now to proceed further.

 

Dear all awaiting your clarification

A registered WILL is unlikely to be set aside on the count of authenticity.

Once probated it shall bear the stamp of court.

A registered WILL can also be contested.

The authority under whose jurisdiction the property falls can transfer the property in the name of beneficiary in the WILL as per set rules. The rules may include condition(s) that all other legal heirs (other than beneficiary) may sign NOC and/or WILL may be probated OR no such requirement may be imposed as per the rules. You need to examine the rules.

 

The occupant may inform the society that WILL is challanged and suit is pending to be decided by court.

 

The society may demand the pending dues from occupant or all legal heirs as per its rules.

You need to examine the rules.

 

 

Rest your lawyer that has examined all docs on record can advise you better, including on time, merits, actions etc.

 

Dear All

out defendants some of the person is agree to give NOC means they will support to us because my brother has taken the sinature force fully to file objection in the court but now they will support to us for that what is formet to take the signature please help me in this so that we can take the signature and submitted to court. 

secondly they are not talking about maintaince and they just staying now what action we can take against them can you guide.

Dear All

not received any clerification on this matter please advice 

The authority under whose jurisdiction the property falls may ask for NOC from each legal hiers/successors in line of succession to transfer without probate.

In presidential cities e.g. Chennai,Mumbai it is mandatory to probate the WILL.

Otherwise it is not.

Now you need to contest the matter i n suit.

Rest your own lawyer can guide you further.

Or you may go for second opinion from a senior lawyer at your location.

Dear All

still my matter is in highcourt from 2015 onwards and in the flat my bhabhi and his son is staying and they are not paying any maintaince charges to the society and maintaince charges gone up to Rs.1.81 lakhs can we take the order from the high court and seal the flat till the  matter is pending for the probate please advice 

Dear All

still our case in the highcourt and matter is not come on  the board and up to now court has not called the  witness.

Secondly in the flat my bhabhi and his son is staying and maintaince is gone up to Rs.1,80 lakhs.

We have inform our advocate for this situation  but he says you have to file another suit this court has no right to pass the order for injection and  remove the person from the flat and put the lock & key.

Please inform is true that you will have to file seperate suit? 

Dear All

awaiting reply clerification