• Probate case pending - court fee deposited Rs. 30000

I have  filed  a probate case  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 The case may be  admitted  in  next  hearing.   .TATA STEEL Land Department  has  stayed  adding  of  other  heirs  name  till judgement  is  given  by  court. My  name is  already  in the  record  of  Tata Steel Land department
Asked 1 year ago in Civil Law from Jamshedpur, Jharkhand
1) your father has merely named you as beneficiary in the will 

2) to apply for probate notice has to be issued to all legal heirs namely brother  mother  two  sisters  

3) after receipt of notice your sister can oppose grant of probate . if the they do so then it would be converted into testamentary suit and you will have to prove the will with help of the witnesses 

4) your sister can cross examine witness 

5) court will pronounce order after considering evidence led by both parties 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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1) whether your father signed the will in your presence? 

2) whether both witnesses were present at same time ? 

3) how did your father ( deceased testator) contact you ? 

4) are you aware of the contents of the will ?

5) how you know the deceased testator ?

 the cross examination would depend upon the contents of affidavit of evidence filed by the attesting witnesses 

you need to examine only one attesting witness 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
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The sister cannot plead the court to convert the Probate Petition to title suit, there is no provision in law.  She can file a separate suit seeking partition while challenging this probate OP too. 

What  are the  likely  questions can be  asked  from the  two  witnesses  by  my  sisters?
You should ask your sister and not from the lawyers here because we lawyers are not astrologers to predict her questions.


There is nothing wrong in filing vakalatnama if the party to suit/case is knowing about the said case even if the summons are yet to be served.  There is no legal infirmity in it. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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1. He can seek the conversion to a ordinary title suit.

2. If the conversion is allowed you can challenge the order in the higher court. Alternatively, you can contest the claim of your sisters on merits.

3. Nobody can tell what questions will be asked from the witnesses.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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1. Your sister can challenge the application of probate of the will filed by you,

2. The Court will hear both of you and dispose of the application for probate accordingly,

3. She can file an application for converting the probate application to Title suit which will be heard by the Court to decide on its merit.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
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1. You do not know as to on what ground she will challenge the will,

2. The signature may be challenged or it may be alleged that your father was coerced by you in executing the said will.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0

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