Probate challenged after 10 years
Divya
(Querist) 01 December 2012
This query is : Resolved
Dear Experts
My grandfather made a will before his death in 1990 & handed over everything to my father & his children…Probate application was done in high court in 1995 by my father after grandfather’s death…All siblings of my father made affidavits & stated that the will is true & that they had no objections for probate..after a few months, mu uncle i.e. father’s brother gets his affidavit cancelled.
High court then asks father’s advocate to send a 2nd opportunity to my uncle so that uncle can come to court & raise objections…Advocate sends a notice to uncle & gives a proof through a courier receipt that its delivered to uncle…Uncle does not come to court to challenge will…Hence high court grants probate to my father…Probate was granted in 2002…
Now suddenly after a gap of 12 years, my uncle harasses entire family stating that he did not receive any courier and the courier receipt shown is fake…Nobody can tell the status of a consignment which was done 10 years back…The receipt does not show the courier company but it shows that the sender’s & receiver’s signature…
The state is that all properties mentioned in the will have been sold..will was genuine…Police on the instigation of uncle is coming at doorstep of our house stating that uncle didn’t receive the courier and will was fake.
How do we tackle this???
Also can I file a cross criminal complaint against my uncle coz he is torturing us for no reason using all contacts, he is claiming for properties which are sold….its a kind of fraud to deny a genuine document…he contradicts his own statements…He had once made affidavit stating will is genuine & later in few months gets affidavit cancelled..Isn’t this deviation of truth a fraud?
Thankyou
Devajyoti Barman
(Expert) 01 December 2012
The civil suit challenging the grant of probate after so many years does not seem to have much merit.
I am not sure how does Police come in a matter relating to Civil dispute.
Raj Kumar Makkad
(Expert) 01 December 2012
You should personally meet the higher police officials and should pray them to instruct local police officials not to intervene in the decision given by High Court otherwise many of them shall have to lose their service
whether the courier was actual or fake and whether the will was fake or real, has been found by high court as genuine and accordingly judgment has been pronounced and at this belated stage, none has got any right, title or interest to intervene therein except the same high court.
If polcie officials still torture you mentally, move to high court against all of them and demand a FIR against all of them.
ajay sethi
(Expert) 01 December 2012
if your uncle is aggrived by order granting probate let him move court challenging the probate . the fact that for 10 years uncle kept silent will go against him . tell the cops thatas on date order passed by court granting probate stands and is binding on all parties .
Sudhir Kumar, Advocate
(Expert) 02 December 2012
some persons litigate in futility as there is no deterrent against futile litigation.
