Grant of Probate

sujoy ghosh (Querist) 16 December 2016 This query is : Resolved
Dear Sir,

As previously discussed a registered will executed by my father is getting executed in Calcutta High Court since April 15. My elder brother is not in favour of the said will however rather than having any legal document submission for challenging the will he delayed in submitting the affidavit and in filing the caviar for which the honorable judge Sanjib Banerji imposed a fine for a sum of Rs. 51000 on my brother that his application can only be accepted if he pays it to the propounder or else the grant of probate will proceed as a non contestious clause. The last hearing date was 22 Nov. However he had made an appeal to the chief justice on 17 Nov to consider his application without any fine. Today is 16 DEC and still no hearing has happened from the chief justice end. Only delaying things unnecessarily. Kindly suggest how much time it generally takes for the hearing and the grant of probate from the present situation.

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Guest (Expert) 16 December 2016
Writing to Honorable Chief Justice Will not bring any Results and Honorable CJ would only advise him to follow the Legal Procedures.If he has Legal Merits his Advocate would have advised him to Go for appeal and Not writing to Honarable CJ.Obviously his intention is to drag the Time and in Next hearing Let your Advocate Explain this in Detail and Honorable Judge would certainly take a decision

Kumar Doab (Expert) 16 December 2016
You have posted that:

'for which the honorable judge Sanjib Banerji imposed a fine for a sum of Rs. 51000 on my brother that his application can only be accepted if he pays it to the propounder or else the grant of probate will proceed as a non contestious clause.'

This is in your favor.

Courts are burdened.
Your own counsel can advise you.

rajeev sharma (Expert) 16 December 2016
you say that the application of your brother was allowed with cost by the court and your brother instead of paying the cost went into appeal and the appeal is pending before C J and court of C J is taking time in deciding the application.
Sir it is the general procedure of the court.The appeal was filed only in the month of November. You have mentioned the next date but not disclosed the status. If the appeal was listed as fresh on 22 NOV and was not taken up by the court it simply means that no order is passed on the appeal of your brother.Please check the status of the matter pending before the court of C J and if there is no stay the lower court may proceed with the matter . Take the help of your counsel.

sujoy ghosh (Querist) 16 December 2016
Case status is still showing as pending.

sujoy ghosh (Querist) 16 December 2016
The cj. Has just retired so acting cj is taking cases now.

Guest (Expert) 16 December 2016
Such requests Will Not Be Posted in the Honorable Chief Justice Bench.It should be a Only A Requisition Addressed to Honorable CJ which will Not be Considered Or Entertained.

Kumar Doab (Expert) 16 December 2016
Your own counsel shall handle the matter.

You may act upon the suggestions renderd to you.

Rajendra K Goyal (Expert) 16 December 2016
LITIGATION / COURT PROCEDURE TAKE TIME, HAVE TO WAIT. DISCUSS WITH YOUR LAWYER.

R.K Nanda (Expert) 16 December 2016
nothing to add more.

sujoy ghosh (Querist) 16 December 2016
Thanks all experts for your legal sugesstions. I will follow as you all said.

Rajendra K Goyal (Expert) 17 December 2016
You are welcome.

Kumar Doab (Expert) 17 December 2016
You are welcome.

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