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challenging will

(Querist) 03 September 2010 This query is : Resolved 
my father expired in 2003 living behind his will.Since my elder brother was vagabond type he clearly left him no assetts.We live in Nasik a non metro city, so probate was not necessary.Immovable property in father's name were tansferred in my name on the basis of Will.Recently my elder brother has started making threats to harrase me into litigation by making claims on such property.Since he is aware of existance of WILL due to law of limitation he can not challenge the WILL as more than three years have passed.He is however threatening that limitation act does not apply for criminal proceedings and he will make a case that WILL is bogus etc.He very well knows WILL to be genuine but can he harrase me like this ? Is law of limitation not applicable to criminal complain also ? Is that so that WILL can be challenged anytime ?
Advocate Rajiv Mishra (Expert) 03 September 2010
however ur brthr can file a crmnl complnt he has to show sufficient cause for delay & why he has not gone for cancellation of the will. unless& untill the will is not cancelled by the competant court it remains active.
adv. rajeev ( rajoo ) (Expert) 03 September 2010
Limitation to file a suit to challenge the will is 3 years. IN your case he cannot file a criminal case because it is civil nature case. You brother has to file a civil case. If he files a criminal case then challenge it in the high court.
H. S. Thukral (Expert) 03 September 2010
While getting the property transferred in your name you might have concealed certain facts. Even if the probate is not necessary, the court has to give notice to all natural heirs and NOC from them is required. If you have manipulated NOC, your brother can complaint against you in criminal law. Since the allegations of forgery etc are serious offences carrying punishment> 3 years, limitation shall not apply.
For more specific advice elaborate the facts further.
anish (Querist) 04 September 2010
Dear Mr. Thukral
The competent court had issued notices to all heirs to file objection to transfer property within 30 days of receipt of notice. After non receipt of objections property was transfered.My father had signed WILL in front of witnesses and affidavit to the same effect is given by each witness to registrar when WILL was registered after his death.I would like to know if criminal complain of forgery can stand in such case.
yogesh (Expert) 04 September 2010
How can limitation law will be applicable if you have not probate the will from the court The limitation if needs to applied only if you have disclosed the contents before any public authority Merely thinking that my brother will has awre of the will you cannot claim this defence
yogesh (Expert) 04 September 2010
Whether will is genuine or not one have to tkae the [probate from the court.It can be enforeced if there is no contestant
Chanchal Nag Chowdhury (Expert) 04 September 2010
U seem to have assumed too much. I am ignorant of any law which exempts a Will from Probate proceedings( unless the testator is a Muslim)if one hails from a non- metro.
There is no limitation for challenging the unprobated Will. In any event, since Probate was not obtained , he need not challenge the will. He can certainly challenge the transfer of the entire property in your name.
H. S. Thukral (Expert) 06 September 2010
In the facts you stated no case can be filed in criminal law. You have done nothing wrong to attract penal provisions. Do not worry.


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