Legal Question in Wills and Trusts in India

I have been informed by my brother (day after my father's funeral) that he got my father to change his will a year ago with all terms in his favour alone. we have not seen any new will as me and my other brothers we aware only of the last will made in December 2007 which was made by mutual consent. My father never mentioned any new will and we believe that he was forced into making a new will. what would be the process for contesting the will and can my brother apply for probate in the meantime?


Asked on 9/05/10, 7:58 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

No probate may be granted without issuing you a notice to legal heirs. So if your brother goes for probate of the 2nd Will which he claims, then the court will issue notice to you and you may contest by producing your will. if not, then you may file your will for probate.

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Answered on 9/05/10, 8:33 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

issue legal notice thru a lawyer asking your brother to produce (give you & brothers) a copy/ies of the new will.

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Answered on 9/06/10, 12:27 am


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