Regarding granting a probate
prakash
(Querist) 02 November 2018
This query is : Resolved
Sir,
There is a civil suit is going on between me and my uncle for a piece of land.We both produced separate will for the same land claiming rightful owner of that land.
Recently I applied for a probate for the will I have produced in the court,making my uncle a party.I have clearly mentioned in my application that there is a civil suit is going on between us.
The court published a public notice in a news paper that if any body have any objection for the will I have produced,they submit their objection on a particular date.
On that date no body has objected the will I have produced.
Now what the court will decide?
Please advice.
Isaac Gabriel
(Expert) 02 November 2018
certainly it will be probated unless objected to by anybody including your uncle.
Guest
(Expert) 02 November 2018
What is the opinion of your own lawyer?
By the way, how do you believe that experts can speak on behalf of the judge of the case that too without going through the details of your case, whereas you have not even mentioned the dates of execution of each will?
Kumar Doab
(Expert) 02 November 2018
The last valid WILL prevails.
A WILL can be contested.
You seem to have informed court of ongoing suit and WILL(s) submitted to court and your counsel might have already opined on consolidation….and that probate court being court of conscience may decide the matter sooner or later..and may probate the WILL.
Your counsel that is aware of facts of the matter, is best placed to guide and help you.
In the meantime you may go thru;
Gujarat High Court
Multivahuji vs Kalindivahuji And Ors. on 11 June, 1993
https://indiankanoon.org/doc/1293355/
Dr J C Vashista
(Expert) 03 November 2018
You have already engaged an able, competent and intelligent lawyer, contact and consult him/her, who is better equipped, with relevant documents and facts of the case.
Do not adventure to seek obligation of experts on the basis of limited information and non-accessibility to the documents involved, despite the fact it is available FREE OF COST.
A. A. JOSE
(Expert) 03 November 2018
You may better seek guidance from the Lawyer engaged by you who is the best person having facts of your case. None can predict the mind of the Court.
C.V.Kansara
(Expert) 09 November 2018
First of all a probate of a will is not necessary if the property is not situated in the City of Calcutta, Madras( Chenai) etc. See the judgement of HON.Gujarat High Court delivered by Justice Jayant Patel. fOR OTHER ASPECT I AGREE WITH MR. JOSE.
Kumar Doab
(Expert) 10 November 2018
The WILL has been contested so a case for probate has been filed.
Your own LOCAL counsel can guide and help you.
