Property
Pradeep
(Querist) 31 October 2013
This query is : Resolved
I have applied for Probate of properties mentioned in the Will of my father. My opponent (sister) while opposing to Probate is bringing property related things into the case (like which property should belong to whom etc.)
Does Probate court have jurisdiction to decide on property related matters.
Devajyoti Barman
(Expert) 01 November 2013
No.
The Probate court would only decide on the genuineness of Will, nothing else.
It has not right to adjudicate on any other issue including ownership of the property sought to be bequeathed by the testator.
ajay sethi
(Expert) 01 November 2013
your sister can challenge the grant of probate on grounds that will is not signed by father or not executed in presence of 2 witnesses . in addition she can allege father was not of sound mind at time of execution of will .
court will frame issues in testamentary suit on the basis of pleadings and later consideration of evidence led by parties decide the issues
V R SHROFF
(Expert) 01 November 2013
well advised by Shri Barman/ Sethi
WILL be rejected.
Pradeep
(Querist) 01 November 2013
The probate case is running in JT. CIVIL JUDGE S.D. AND ADDL. C.J.M. Does this make any difference?
