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Ajay (Commercial Manager)     04 April 2016

Probate contest

My Mother died in 2010. She had made two wills.

1- Will - The Apartment after death will be in my sisters name. The will was on Stamp Paper with two witness and not notorized or registered.

2.Will  - The Money, Jewellery and movable will be divided among other siblings and the said above apartmentin the name of my sister. Will not notorozed nor registered.

My mother died at my Sister's house and my sister took holdof money and jewellery and the said matter has been adjudicated and going on since last 5 years.

Now my Sister has filed Probate of the First will. The court summoned all other borther sister to grant or to contest. We contested ith 3 reasons :

1) Delay in filling the probate raises suspicion.

2)  First Will not registered.

3) Mother's mental state was not good at the time of making first will.

We objected because one matter of Mooney and Jewellery is going on. SHe does not want to give others their portion.

 

Kindly advice, how to go further in the matter of probate case?? We contested on theabovethree reasons, now what ??? We want to teach her lesson ?



Learning

 2 Replies


(Guest)

Point 2 ---- Will have no effect

Point 3 ---- What evidence are you going to provide to court in support of this point . Ok this is valid point but Evidence will determine the case.

Witness --- Are they willing to testify or they may become hostile is imp. But in case they becamse hostile , and Sister move application for singature verification etc. with expert then it becomes difficult .

 

 

Adv. Yogen Kakade (+ 91 9225510883)     04 April 2016

Registration of the will or notary registration is not necessary to authenticate the will.

If the Probate has been filed then you can certainly raise your objection with justified grounds to challenge the said will.

Appoint a good lawyer to guide you throughout.

 

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888 

 


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