Compensation to the propounder

sujoy ghosh (Querist) 26 February 2017 This query is : Resolved
Dear Sir/Madam,

I am the executor of my father.s estate. My elder brother has filed his objection and since he has failed to file the caviet and the affidavit on time the judge as well as he appealing to the cj he has to pay a fine of Rs.51000 to the propounder so to proceed with his caviet and affidavit. The draft has been submitted by my brother in the court in my name. However the problem is that the law firm is now claiming that this money belongs to them. I am not able to understand as to why this amount belongs to the law from. Is the law firm will getting probated or what. What is the reason and what action should be from my part.

Warm Regards,
Sujoy Ghosh

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Sri Vijayan.A (Expert) 26 February 2017
Dear Sujoy,
Please give clear details.
Then only, we will be able to answer.

sujoy ghosh (Querist) 26 February 2017
Justice Sanjib Banerjee passed a court order that the respondent have failed to file the caveit and affidavit in favour of the caviet on the given timelines as per his previous court order. Therefore he imposed a fine on the respondent my elder brother that the court will accept his fresh caviet and affidavit only if he deposits a fine of Rs.51000 in the court in favour of the propounded. My elder brother has already submitted the fine in the court in favour of me. However the law firm is pressurizing me to encash the same and hand it over to them as it belongs to them.

sujoy ghosh (Querist) 26 February 2017
My brother also appealed to the chief justice so to save himself of the fine. However the chief justice rejected their request and said that the fine has to be paid if he wants to continue with the objection on the probate of will.

Adv. Yogen Kakade (Expert) 26 February 2017
This is your personal issue between you and the law firm. You have to solve it mutually if the terms are not decided specifically earlier.