will
SANJIV KUMAR
(Querist) 15 March 2010
This query is : Resolved
After death of my father, my brother has filed a declaration suit in civil court for declaring him owner of two floors by producing the will of our father. He has not gone for probate. Is the civil court has power to process the case though will has not got probated first.
R.R. KRISHNAA
(Expert) 15 March 2010
Only wills relating to properties notified in the Indian Succession act (delhi, chennai etc - cities) need to be probated. I believe that, the property in your case should not be a property not located in the city as referred above. Then your brother is right in not choosing to probate the will. The declaration suit filed by your brother is valid.
B K Raghavendra Rao
(Expert) 15 March 2010
If the Will is in accordance with law and a genuine one, your brother's suit is valid. For a declaration suit, the court fee is a considerable amount depending upon the market value of the property. Check this. If you are a defendant, you may go through the will to see if it written by your father. If it is a genuine will you cannot do anything about it.
