probate of registered will
Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
we have a plot which is built in two floors and i stayed with my brother as on first floor my brother stays and the whole plot is on my name by a registered gift deed and also my mother made a registered will on my name and now my mother is died and me and my brother had a fight and i told my brother to leave my house and my brother refuse to leave my house ..so sir i want to ask what should i do and also i has a registered will so i go for probating the will or not as from relatives i come to know that my brother made a fraud will of my mother which is not registered and by the virtue of will he claims that he is the owner of the plot .Sir please reply my query.
Raj Kumar Makkad
(Expert) 08 December 2010
The matter should be got decided which will is true. You simply file petition seeking probate of the will and your brother shall produce his will in written statement and then issue shall be framed and you have onus to prove your will and your brother is bound to prove his will and court shall have to take into consideration all the facts while deciding the case.
