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
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Lawyers are available now to answer your questions.
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
What are the likely questions can be asked from the two witnesses by my sisters
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
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.
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.
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.
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.