Legal Question in Wills and Trusts in India
My father passed away a year ago leaving a Registered Will in my name only. My other brothers who are not part of the Will are trying to create trouble. I am in the process of Probating the Will. All my brothers have been served citation from the court which they have refused to accept. Infact they have abused the officer who brought the citation from the hight court & torn the citation in front of him. Now the 14 day period in which they could challenge the Will has expired.
Can they still challenge the Will after expiration of the 14 day period?
How long will it take for the court to give me the Letter of Administration when the Will is unchallenged.
2 Answers from Attorneys
it is contemptuous on the part of your brothers to have torn the citation. If the process server is witness to tearing off, he must have given such a report. You should inspect the case file and see his report and move an application for contempt of the court against brothers. They had a right to oppose the will but not make contempt of the court in abusing the process server or tearing off the citation. It is a very serious offence. Whatever be the merits of the Will, they will have to explain their conduct in doing so and the courts will not take it lightly if brought to court's notice
also, note, that high court has all the powers to initiate contempt against your brothers. Since you know it, you must bring it to the knowledge of the Hon'ble High Court, through your lawyer in the matter.
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