Vinod (xyz) 10 September 2015

Unprobated but registered will

We are 4 brothers and one of my brother with a fraud got a registered but unprobated will just 2 months before my bedridden mothers death for a town property. My mother acquired that property from my father who has expired after my mother's death.whether can i register criminal and civil case for quashing of will and punishing of my brother. what are the chances of success for quashing of will and whether the will is valid under hindu succession act?

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5 Replies

saravanan s (legal advisor) 10 September 2015

you can ask for probate of the will

Vinod (xyz) 10 September 2015

sir

Is probate of will compulsory according to law?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 September 2015

Probate is compulsory only in the metropolitan cities of Mumbai, Chennai and Kolkata. There may be a few other places also where a probate is compulsary. In other places it is not compulsory. Even in a place where a probate is compulsory, it is applied for and obtained only after the death of the testator. When a probate is applied for, the will is held back by the authority and only the probate is issued. The probate is the document for claims. Registration is done by the testator during his/her lifetime. Even an unregistered will is valid.

advocatepassy@gmail.com 971794 (Advocate) 12 September 2015

Whether a will is registered or not, it makes no difference. If you think that it is obtained by fraud, you can challenge the Will in the court and ask for probate