Was probate compulsory?
truelife
(Querist) 22 December 2012
This query is : Resolved
In Mumbai 1972,the moslem rent collector forged the gift will of the deceased moslem land lady and claimed the property. The Tehsildar gave him the claim on the forged will without any probate of the will.
* Was tehsildar right in giving the claim??
* Can a will without probate valid for muslims???
* How to challenge the order of tehsildar???
besides Hiba (moslem gift deed).
M V Gupta
(Expert) 22 December 2012
u are awfully time barred to commence legal action.
ajay sethi
(Expert) 22 December 2012
it is necessary to go through the case paprs to advise . what were you doing for 40 years ? if there is no dispute among leagl heirs generally no probate is obtained of will .
A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.
truelife
(Querist) 22 December 2012
well I agree what u said sir gupta but I was not in country for the said period , I just came to know through govt. of fraud. So any judgment or order based on fraud is null and void.. thank u sir ajay sethi but still can u guide me ???
M V Gupta
(Expert) 23 December 2012
Merely saying that u were out of the country will not save the day. Any person of ordinary prudence would have inquired about the fate of the properties. This is the test applied by courts. Further for any belated action under law one has to explain the delay to the satisfaction of the Court.
ajay sethi
(Expert) 23 December 2012
you have been sleeping for 40 yers . you have to make out a case as to what were you doing for 40 years . in addition on what basis you say will was forged . difficult to prove your case after 40 years
