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M. A. Khan (advocate)     20 September 2010

will

Can suit be filed to challange a Will  on the ground of obtaining fraudulently,   if executor of the same is not filing petition for probate.



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 2 Replies

R.Ramachandran (Advocate)     20 September 2010

Dear Mr. Khan,

It will be better if you claim your (your client's) share in the property by filing a suit for partition, which will force the executor to file a petition for probate of the will.  At that time oppose the probate by whatever grounds (frad, coercison, undue influence, etc.) that you may have to oppose the same.

adv. rajeev ( rajoo ) (practicing advocate)     21 September 2010

suit can be filed for declaration and injunction. Limitation is three years from the date knowledge


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