Legal Question in Wills and Trusts in India
No probate has been made for Will
This related to my earlier question posted in May 08.---- ''My grandmother made a will to transfer property to my (late) father, but his brothers made document on stamp paper forging 3 signatures and transferring part of property on their name, as well as putting their names on our part of property thereby preventing us from our rights. Can we file case of forgery against them? What is the procedure?''
Now the said property includes a main ancestral house plus a small side house. One uncle has taken possession of the side house taking NOC from the other siblings (including 3 forged signatures) but has also put his name on our house. Now we want to rebuild this house but he says he will not allow us to as he wont give us NOC. Is this justified? My late father didnt make a probate for the will, hence my uncle is taking advantage of us now as he says that the Will is not valid anymore? Can we as heirs make a probate of this Will on my late father's behalf? My grandmother died 14 years ago & my father died last year. Please advise.
4 Answers from Attorneys
Re: No probate has been made for Will
File a civil suit for appopriate relief with the help of senior lawyer.
Re: No probate has been made for Will
Yes you can contact a local Sr lawyer and file complaint for forgery.
Re: No probate has been made for Will
Contact local lawyer who will file complaint against your uncle as well as civil suit for cancellation of documents and declaration for all the legal heirs who have been debarred.
Re: No probate has been made for Will
You may consider filing a civil suit for appropriate relief.
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