Legal Question in Civil Rights Law in India

My father died without obtaining probate of a will of our house done by my grandmother. My father was the only son and my father has 3 sisters. We the brothers are living in the house. I being the elder son of my deceased father has moved to the court for probate of the will. In the will (unregistered) my grand mother had given the house including adjacent a part of land to my father.Grandmother died earlier to my father. The question is:
i) can the sisters of my father raise objection in granting probate in my favour (I appealed as an administrator of the probate)
ii) The sisters of my father earlier gave written consent of no objection in affidavit about 10 years back
iii) can the legal heir of one of the deceased sister of my father raise objection to it
iv) If so, on what ground? can they challenge the genuineness of the will.
v) All 3 witnesses in the will have since died. Can the sons of the deceased witness appear to prove the genuineness of the signature of their fathers.
vi) what are the other points on which the granting of probate can be challenged and the defence arguments for the same.

Asked on 10/19/13, 11:14 pm

Fca Prashant Chavan Expert Edge LLP

0 users found helpful

0 attorneys agreed

20.10.2013

Dear Sir / Madam,

i). All the legal heirs including your father's sisters will be summoned by the Court prior to the issue of the Probate and they can object to it.

ii). You should furnish evidence that your aunties have already given their NOC to the Probate being issued in your favour.

iii). YES.

iv). They can challenge the Will since your father is no more.

v). YES.

vi). Their objection to the Will is sufficient and the Court will take cognizance of it.

Regards,

Answered on 10/20/13, 4:03 am

Keywords

Match Any Match All

Country

State

Area of Law