Shaikh (service) 12 February 2014
My father had made a will in the name of my step mother and died last year, I am the son of first wife of my father. The property is not self earned. It is transferred from my grand father. In his will he has not mentioned about First wife and her children. Can I file a Probate against the Will of the Father? Within how many months I have to file Probate.
adv. rajeev ( rajoo ) (practicing advocate) 12 February 2014
File a suit for partition and seperate possession. You father was not entittled to execute the will for entire property, he could have done it to the extent of his share. Go for parititon suit instead of probate.
Shaikh (service) 21 February 2014
Sir, Thanks a lot for bringing some light for justice ...
I am not staying with my step mother and her family. I am staying separately in other city.
I am not having possession in that house. Still I can go for partition. Kindly advice.
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