Probate of will
jayashree
(Querist) 22 November 2012
This query is : Resolved
My father expired recently on 24th Sept. 2012.He is survived by my mother, me and my brother.I believe that we are legal heirs.
My distant relative(an uncle, at whose house my father was staying when he died)has usurped all bank books, certificates, flat papers, etc...
We have issued a legal notice to him to recover those documents.
We fear that he may create a false will and give it up for probate in west bengal, where he stays and we may be left in the dark as we are staying in mumbai and due to mother's health reasons cannot travel there as of now.
Can I know where a person approaches in case he wants to probate a will. And what can we do as class-1 legal heirs to stop a false will from execution/probation?
That relative stays in Chandernagore. Hooghly district in west bengal.
Most of my father's liquid assets lie with banks in Chandernagore and Kolkata.
ajay sethi
(Expert) 22 November 2012
you have to approach high court as it has testamentary jurisdiction . you will have to contest the will .
Raj Kumar Makkad
(Expert) 28 November 2012
As no such will has till day produced so there is no use to follow the advice of Ajay. You should immediately file petition seeking succession certificate from court of law and meanwhile make paper publication that you three are only legal heirs of your father and no one should deal with the properties left by you father otherwise a strict legal action against that person shall be initiated. You also approach banker and get the account seized till you get succession certificate.
jayashree
(Querist) 29 November 2012
Thank you Raj Kumar Sir, for your valuable advice. I seek a clarification. Which court should I approach to file a petition for succession certificate? Can I approach the Bombay High Court? As I have stated earlier Most of my father's liquid assets lie with banks in Chandernagore and Kolkata.And there is a flat in Navi Mumbai as well.
ajay sethi
(Expert) 29 November 2012
the query raised by the querist was which court i should approach if i want probate of will . hence advised you to file application for probate in high court
