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SUBRATA CHATTERJEE (DGM-IT)     30 May 2012

Unilateral probate on will

Hello,
I am new to this forum.

My Grand-mother has left a Will, declaring my father and my uncle as the 2 heirs of her house, in Kolkata
She expired in 1986.
My father and uncle, due to their personal disputes have not done anything about the Will. They have neither partitioned the property also legally.
They simply couldn't agree on how the house can be partitioned.
As a result, the property doesn't belong to them as of now, and naturally they cannot further Will it to their respective sons, that is, me and my cousin.
Can you guide me, as to what is the next step, that can be taken by my father?
My father says, we need to take a Probate of my Grand-mother's Will( excuse my ignorance of legal terms please) first.
He believes, my uncle is dilly-dallying about these legal steps, so that he can continue to occupy more than his share of the property( on the Ground Floor), as he is doing currently.
My father is asking, is it possible to take Probate of my Grand-mother's Will unilaterally, even if my uncle doesn't oblige, or be party to the activity?

I have also learnt that the executioner named in the Will has also expired.
Can you guide me as to how we can go about sorting this out?
Regards



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 May 2012

You father has to file a suit for partiton and seperate possession, because your father and uncle are the beneficiiaries under the will.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 May 2012

Dear Querist,

 

A probate can be initiated by your father only. But techincally it won't be called a probate because executor appointed is dead, it would be called a LOA. Once filed all legal heirs to mother would be called to submit their objections, and if execution of will is proved - then it would take effect. Make sure attesting witnesses are there to depose in will's favour. 

Ramesh Vithal (london)     31 May 2012

Hello

I have query, my father bought land in kavitha in 1943,and even build the water works for the village but died in 1964, and my mother died 1994, they lived in south africa where i was born but now reside in england, the problem is there were 152 Bigha, i was lead to beleive it was 160 acres, my sister lives in south africa and has contact with my uncle who was aquired look after the land, unfortunatly he became to old and hired a manager to manage the land , now this person has apparently sold most of the land and signed a lot of the the land over to his children, is this leagal, and what sanctions can i take to recover this land, would appreciate an answer asap, as my sister is thinking of going there but is uncertain of what to do, would really appreciate and info i can pass on to her to help as she is quite old 70years old and trhis i beleive could take some time,

many thanks

Ramesh V

SUBRATA CHATTERJEE (DGM-IT)     24 June 2012

Thank you very much for the advice sir. I shall certainly follow up accordingly.


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