• 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 10 months ago in Civil Law from Jamshedpur, Jharkhand
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
23346 Answers
1221 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
18183 Answers
449 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
23346 Answers
1221 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
18183 Answers
449 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
14151 Answers
127 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
14151 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0