Execution of will and appeal against court Decree
Querist :
Anonymous
(Querist) 11 December 2010
This query is : Resolved
I got a favourable decree/order from Additionnal Magistrate Court to Execute the last Will of my mother in the month of Sep09. With the strenth of will the land and house were transfered into my name and I am enjoying the propery. My sister in law (my broter who objected the execition of will died during the case pending before Magfistrate Court) has filed an appeal before the High Court chalenging the order in the moth of Feb10 (after 3 months). I would like to know the following
1) is she is eligible to file an appeal after 3 months?
2) Since hihg court didnt issue any order to stay the Decree, and officaly I have not received the notice, The High court can issue any stay over the sale of property or revoke the Transfer of my property in my name?
Devajyoti Barman
(Expert) 11 December 2010
1.Yes but the appeal will have to be accompanied by a petition u/s 5 of the Limitations Act explaining the delay preferring the appeal.
2. The High Court would only decide on the question of probate and not the sale.
