Caveat
jayashree
(Querist) 18 December 2012
This query is : Resolved
My father who passed away recently in Calcutta has died intestate. In his entire lifetime of 71 yrs, he never spoke about making a Will. After his death, his cousin brother is claiming a share in his property saying my late father had made a Will and given a part of his assets to him.
this relative is not showing us the Will and says that when time comes he will put the Will up for probate.
I strongly believe that he is lying and even if my father had made a Will, he would have mentioned my mother and brother(his only son) as sole inheritors.
In short, we suspect that this relative may get a false Will executed in his favour in Calcutta, and since we stay in Mumbai and brother works in Mangalore, we will not even come to know about it.
Can we as legal heirs request High court of Calcutta for a Caveat for such a will?
Can my esteemed advisors please guide me about the procedure for caveat.
The false will may be probated at any district court in Calcutta/West Bengal.
So, will filing a Caveat in High court be sufficient in this regard.
ajay sethi
(Expert) 18 December 2012
f you want to challenge the validity of a person's Will, after they have died, you can lodge a Caveat at the probate registry.contact local lawyer in kolkata
R.K Nanda
(Expert) 18 December 2012
no more to add.
Nadeem Qureshi
(Expert) 18 December 2012
Dear Jyashree
no need to worry about it. read the below
148A. Right to lodge a caveat.
1[148A. Right to lodge a caveat.
(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
you should filed the caveat petition before civil judge of the area in which the property is situated and before district judge and before High court. Registrar office of the concerned area in which the property situated.
You can file a criminal complaint against him if he is giving any threat of willing to illegal possession of the property.
Feel Free to Call
Raj Kumar Makkad
(Expert) 18 December 2012
Your similar query raised some days ago on this site has already been resolved by many experts so why to raise it again?
What happened with those suggestions? You are standing at the same place where you were which shows you are interested just to make your issues under hot talk.
jayashree
(Querist) 20 December 2012
Respected Raj Kumar Sir,
As per my lawyer in Mumbai, I have already sent a legal notice to my relative who is hiding all my late father’s important documents and resorting to extortion in lieu of those papers. But I haven’t got any reply as yet.
I wanted to lodge a criminal complaint against him in Mumbai, but the police are not ready to co-operate.
Secondly I have approached all banks wherever my father had accounts, to my knowledge, and have got all accounts frozen.
But I also wanted to make sure that he does not set a false Will into execution in some inconspicuous court in Calcutta , hence I was asking for advice on caveat.
I again thank you and all other esteemed experts on the panel for taking valuable time out and advising me. I am really grateful.
ajay sethi
(Expert) 20 December 2012
thanks for your appreciation
Raj Kumar Makkad
(Expert) 20 December 2012
If you have already executed the advice given by esperts against your earlier query then you should not post those facts rather should proceed further.
