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J Pradeep Kumar (na)     31 August 2012

Probat'ing a will

Dear Lawyers,

1.  My dad has witten a will in name of two sons but rights to mom till her survival.....

2. My Aunt (Dad's sis) has filed false case claiming part in property , no other brothers nor sisters support the only sister who has filed the case and this is purely false case, uncles have promised that the case will be defeated soon.

 

3. Can we file perjury and punish my aunt for false case and causing pain to our family? with proof from Uncles and aunts ?

 

4. Can the will be probated in my Mom's name immediately or should we fight the case and then probate ?

 

Please help.

 

Thanks & Regards



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     31 August 2012

respected querist,

first of all ,you have to make mutation of yours father as per will in the name of your mother ,you can not file any prejury against your aunt ,the matter is in the court and court will see the right or wrong.fel free to call for any doubt or query if you had left in ur mind.

Pranab Baidya (nil)     31 August 2012

Dear Lawyers,

 we are in the process of probating our father's will who had passed away in 1998. This step was suggested by the counsel. However I am not entirely clear on the purpose of probating the will. Our counsel has not been able to give me any satisfactory answer. I know it must be very elimentary question, but I need to know it.

Thank You.

 

Pranab Baidya

Prashant Ghai (Advocate) (PrashantGhai.com)     31 August 2012

You do need to get the will probated. It is essential and will give Court's verification regarding the authenticity of the will. It will work in your favor only.


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