1) you have to file petition for revocation of the probate granted by district court in testamentary petition filed by your sister

2) you have to mention that although you are the legal heir you have not been served with citation .

3) that your sister deliberately mentioned wrong address and has fruadelently obtained probate from the court

4) in the case of Peter John D'souza and Ors. Versus Armstrong Joseph D'souza delivered on 28 th March, 2014 in Misc. Petition No. 69 of 2012 and would submit that if a fraud is committed upon the court, court can even sou motu set aside the probate and or letters of administration. Paragraph 20 and 21 of the said judgment read thus :

"20. I am not inclined to accept the submission of Mr. Kumbhakoni, learned senior counsel that merely because there was no specific bequest in the Will of the deceased in respect of the plots in which the petitioners claim interest, the petitioners cannot be even allowed to urge and bring to the notice of this Court the fact of fraud, fabrication or concealment. In my view, Court can take cognizance of the allegation of fraud, fabrication or concealment even at the instance of a party who claims even a slightest interest in the property of the deceased. Once the allegation of fraud, fabrication or concealment is brought to the notice of the Court, which is alleged to have been committed by the opposite party for obtaining letters of administration from a Court, it becomes the duty of the Court to look into such allegation whether any grant of letters of administration is obtained by a party from the Court by practicing fraud, fabrication or concealment. The Court can take cognizance of such allegation suo moto and if it comes to the conclusion that the grant is obtained fraudulently or by making false suggestion or by concealment of such fact, it is duty of Court to set aside such grant.

1. If you are a co-owner of the flat then your father could have made a will only to the extent of his own share in the flat and not beyond it. Furthermore, you can challenge the will of your father on the ground that it was executed under coercion and undue influence.

2. You should challenge the probate through a suit for declaration on the ground that the decree was obtained through fraud.

3. Also seek injunction to restrain the sale of property by them and creation of third party rights.

1. that transfer is void and it is also constitute offence of cheating punishable under section 463/466/467 IPC.

2. you should immediately file a civil suit for cancellation of probate because will is void. you can also file FIR, if you like.

3. transfer of property on the POA is declared void by the supreme court. your father had no right to transfer it either by sale deed, gift or Will.

1. File a petition for withdrawing the said grant of probate on the ground that your false address was shown as defendant to fraudulently avail the favoracle grant of probate.

2. Once the matter is re-opened it will be easy for you to cancel the said grant of probate of the so called will of your father and get his property equally divided in between all the legal heirs of your deceased father.

You have to file a petition to set aside the exparte decree granting probate to the will which was fraudulently obtained by your sister immediately.

If there is any delay to file this petition you may have to file another petition additionally to condone the delay in filing this set aside petition.

Get the case restored, give your objections strongly before court, get the probate case dismissed based on the facts that you rely upon.

File a partition suit a and seek your legitimate share and separate possession in the property left behind by your parents.