will
SANJIV KUMAR
(Querist) 16 March 2010
This query is : Resolved
After death of my father, my brother has filed a declaration ,permanent and mandatory injuction suit in civil court for declaring him owner of ground floor in which he is living presently with his family and of second floor by producing the will of our father. Myself is living with my family at first floor and mostly using the second floor also.The property is situated in Delhi. He has not gone for probate. Is the civil court has power to process the case though will has not got probated first.
prakash vathore
(Expert) 16 March 2010
he can file a suit but court cant pass an order on the basis of unprobated will.
Raj Kumar Makkad
(Expert) 16 March 2010
Are you a party to the civil suit filed by your brother or not?
If yes, what is going on in that suit?
Have you demanded original copy of alleged will in that suit or not?
If not then demand to be put before court and then get it challenged in the same suit on all available grounds.
