• Probate case is pending court fee deposited Rs30000

I have filed a probate casoe in district judges court ion may 25th. The court asked to deposit court fee of Rs 30000 .Judge has asked my lawyer to name all the heirs that is my brother mother two sisters nd public of local area.l have deposited court fee nd the details of other heirs. In the will my father has mentioned only me as his legal heirThe will is notarised but not registered signed by two witnesses one of my sisters lawyer ha s filed vakalatnama even before notice has been served. The next date of hearing is30 august can sister lawyer ask the probate case to be converted to title suit. How to stop this to happen
Asked 8 years ago in Civil Law

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6 Answers

1) you are beneficiary in will

2) to apply for probate you have to mention name of all legal heirs ie yiour mother , brothers and sisters . Pay court fees depending upon value of property

3) court will direct issue of notice to all legal heirs

4) if after issue of notice they object to probate it would be converted into testamentary suit

5) suit would take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes why not. If any heir comes to contest the probate petition it stands converted into a title suit. The only way to stop this from happening is by proving that the applicants are not the legal heirs to your father.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) after cross of your witness you will have to lead evidence of other witnesses namely one attesting witness in whose presence yiur father signed will

2) after you close your evidence your sister will lead evidence and your lawyer can cross examine her

3) followed by arguments and then judgment

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You can certainly object to adjournment request. The grant of adjournment can be challenged in the High Court.

2. The court will proceed to decide the case after evidence is over.

3. Your mother and brother may not be required to appear in the court depending on the facts of the case.

4. How do we tell you about probable questions that will be asked? Wait till the date of hearing and you will come to know.

5. From this stage ownwards it should not take long for the case to be decided.

6. A legal proceeding's outcome is uncertain. Nobody can tell whether you will succeed or not as it is a contested proceeding.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The will is notarised but not registered signed by two witnesses one of my sisters lawyer ha s filed vakalatnama even before notice has been served. The next date of hearing is30 august can sister lawyer ask the probate case to be converted to title suit. How to stop this to happen

You have stated that your sister has filed vakalat even before the notice was served on her. There is no legal infirmity in it. However please note that the probate OP case cannot be converted into suit at her behest. First of all you should understand that it was filed by you and not by her. Hence she cannot ask court to convert this probate into suit. If at all she has any claim she has to file a separate suit claiming her share in the property and not by this probate petition.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Can my lawyer object for giving so many dates for evidences.

Yes your lawyer can very well object to this dilatory tactics adopted by the opposite lawyer.

Aftef the evidence what is the next step.

After evidence from your side, the opponent has to cross examine you, then you may have to produce further evidence from your side, if you have any.

After 1sg witness has given enough evidence .Now kindly tell me how long it will be take to complete the probate process.

You may rope in the witnesses to the will as witnesses in the probate case including the the scribe of the will. Get them examined to establish the Will, dont worry about any other aspect, let the opposite lawyer ask any question, you can concentrate in proving the will alone

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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