Legal Question in Civil Rights Law in India

My grandmother owned a house in kolkata. she had 1 son (my father) and 3 daughters(all married-two before 1956, one after 56. my grandmother made an unregistered will in 1977 and died in 1978 giving the property to my father. my father also died in 1996 without taking the probate of the will. Afterwards in 2000 I appealed to court for probate after getting writing consent from 2 sisters of my father.terhe younger sister of my father died in 1994 and ontained consent of her only daughter. But my only brother did not give consent for getting the probate in my name as administrator of the will. He also objected in court. The case was contested. But I did not contest further. Now my question is:
1. whether can I reopen the case for getting probate afresh, as my brother now agrees to it.
2.writing consent given by the sisters of my father remains valid as yet. Can they object on it- if so on what ground.
3. Is there any other alternative method in getting the property transferred to the legal heirs of my deceased father.
4. what is the expected time required for the same.
g.gopalan

Asked on 10/19/13, 5:09 am

Fca Prashant Chavan Expert Edge LLP

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19.10.2013

Dear G Gopalan,

1. YES, you can reopen the case for getting the Probate afresh.

2. The Court will issue summons to all the legal heirs to remain present in the Court prior to issue of the Probate.

3. NO.

4. The Probate has to be issued within 6 (six) months from the date of filing.

Regards,

Answered on 10/19/13, 5:29 am

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