Dismissal of Inventory
Manish Singh
(Querist) 12 August 2009
This query is : Resolved
Dear Members,
if a court dismisses an inventory filed as being incomplete and the order does not specify any other things and while the argument, he refuses to grant any further time for filing, what are the remedies available to us in that kind f situation. the amtter is under the probate of will.
Thanks
manish
R.R. KRISHNAA
(Expert) 12 August 2009
You can approach the higher forum and state the facts (that the court refused to grant time, that the inventory filed being incomplete etc., etc.,) and seek a direction to be issued to the court below to reconsider and pass orders on the application for inventory filed by you.
Manish Singh
(Querist) 13 August 2009
Dear Mr. Krishna,
in general, the inventory must be filed within 6 moths from the date of grant of probate but here its been more than two years and still the inventory is not complete due to non-functioning of our governmental system. now the court refuses to give extension which is not lawful as per the Indian Succession Act and also as per the rulings of higher courts.
if the court also revokes the probate then it must give reasons for such like mala fide intention on the part of the executor.
but which the court has not done instead it dismissed the inventory without extending time for inventory and sent the file to consign room.
now what could be done as in like what kind of application could be entertained by the court/ courts. please throw some light over it
Manish Singh
(Querist) 13 August 2009
i think we should again file an application for extension of time to file the inventory as i have found some judgments wherein it is stated that non filing of complete inventory can not be termed as just reason for revocation.
lets see what the judge says abt extension of further time since if he doesnt extend the time, he must revoke the probate which he can not do without recording reasons as to willful intentions on the part of the executor.
