Probate
Mohan R
(Querist) 24 December 2012
This query is : Resolved
Dear Experts, the question would require a response from many of you respected experts.I will be brief:-
1)As executor I petition for probate of my late father's registered will. It is being contested by the other 2 LR's.Both LR's file their objections. For technical reasons I withdraw with liberty to file fresh. This liberty is given.
2) I petition again for probate. Notices are sent to the respondents. LR(A) submits objections but LR(B) does not. Nearly 90 days later, order closes opportunity to LR(B) to file any objections. Now presiding officer changes thereafter.
Taking both petitions, nearly 8 months pass by. No condonation for delay by LR(B) nor review application to set aside the order,no sufficient cause shown but simply application u/s 151 of cpc seeking leave to file objections through a proxy counsel. Allowed by the new presiding officer with some little costs.He does not give reasons but states that LR has substantive interest in the will and hence too harsh to non-suit.
NOW FOR THE QUESTION:
Qi :Can such a right given u/s 151 overide statute.???
Q2:Is there any point to challenge this order in the High Court.
Q3: What do the experts know from their experience.??? Can such an order be set aside or not. Any chances ??
Q4: One present LR (A) and another deceased LR as beneficiaries have testified and acted upon this will earlier in courts. What significance does this have??
Thanks
ajay sethi
(Expert) 25 December 2012
if you challenge the impugned order passed by Presiding officer it will further delay your testamentary proceedings . dont challenge the said order before high court .
the fact that LR (A)has acted upon the will is isgnificant . the fact they accepted the genuineness of will earlier will help you in your case
Raj Kumar Makkad
(Expert) 05 January 2013
Nothing to add more as already you have properly been advised.
