My late father owned a flat in Mumbai city, wherein he made a Will (no executor is named), that I and my younger brother should get 50% share each in the said flat. I filed a Letter of Administration (in lieu of Probate since no executor was named in the Will) petition in Bombay High Court in 2003 and submitted the Will, death certificate, affidavits and other documents related to it.
My younger brother, without inimating me, entered my father flat and he is staying as an Occupant all these years. He made 3 affidavits in Bombay high court from time to time, wherein he admitted that the Will is true, and also admitted my 50% share and his 50% share in the Will. He also did not took objection when Citation from the Court were sent to him. Neither he opposed anything.
In 2002, the Bombay High Court gave me Letter of Administration but my younger brother challenged the said Order by saying his lawyer was not present at time of giving the Order and he was not intimated of the same. Other Judge, then dissmed our Letter of Administration and then asked our lawyer to carry out the procedure of "Sending citations to legal heirs" once again, and here when we sent Citations to him in 2014 he took the Objection to the same Will and filed the Caveat and long with it he filed an new affidavit in the High Court with false allegations on me as the Will is forged, the signature of my late father is not valid, etc. and that he opposes this Will.
Right Now, I've filed a Notice of Motion to dismiss his Caveat. I've also attached all his earlier affidavits in favour of Will, the doctor's affidavit too.
My Question are as follows:
1) Can my younger brother file contradicting affidavits (As earlier his affidavit says that Will is true, and now his affidavit in caveat says the Will is fake,forged, etc.).
2) Our Testamentary Petition was filed in 2003, and court ordered to re-issue Citations in 2012 after my brothers objection to Letter of Administration. Now in 2014 My brother took a stand, that after 13 years I'm sending him citation notice (date of Will is 2001), and that his earlier affidavits are not valid now, since case is new. But infact, we have Court Order to cancel/revoke the Letter of Admin, and re-do the process of sending citations was under same Testamentary Petition of 2003. How can my brother claim that it is now the New Case/Petition?
P.S. My brother wants full posseion of the flat, and thus not interested to support the Letter of Admin/Probate.
Kindly guide me. thanks.
