Probate
vinay khanna
(Querist) 09 July 2014
This query is : Resolved
My mother executed a valid registered will.The said will is genuine and is
more than 30 years old.( 30 year old document proof may not be required) In
terms of the said will the testatrix bequeathed her 1/3rd share in one house
property in New delhi in my favour.I have three sisters and Late brother. I
have made a probate petition unknowgly. If the three sisters give me a
affidavit stating the the said will is genuine and according to the affidavit the
land & development mutates my name in its records as far sister are
concerned. Brother children are not yet willing to give no objection,may
give later on.One witness to the said will has already given affidavit in court
that the will was validly executed. If for any reason the probate fails then in
that case ,will the mutation done in my favour on the basis of sisters affidavit
also fail and can sisters claim back the share.
kindly do not print my name
ajay sethi
(Expert) 09 July 2014
whether any legal heir has filed any affidavit opposing grant of probate ? if not you will get probate in 6 months . if objection is filed it would be converted into Testamentary suit .
Raj Kumar Makkad
(Expert) 10 July 2014
You should trust upon he outcome of the court proceeding, May it take some time but after all this is the only solution. The evidence of the one attesting witness is sufficient.
