Probate
minsal
(Querist) 06 February 2013
This query is : Resolved
Sir,
I've applied for the probate of will of a deceased person through the executors(Brother of Deceased).
during his life-time he has a serious disputes with his only son, hence he donate the maximum part of his property to various trust and social organisations. a very few part of his property he gave to his grand children. we served the notice to the son of deceased.
the son of deceased with intent to grab the property filed some petition and also got the order. (We do not have any details about those petition)After that he filed a caveat in our probate petition and served us a copy of the same but we are not served with the affidavit. under instruction, i've send a notice to the son and demanded a copy of affidavit in support of his caveat but insteed of serving the copy of affidavit he send a reply with arrogent manner.
dear Expert under this circumstances what can we do? plz. help me.
Thanks in Advance.
Anirudh
(Expert) 06 February 2013
What great thing you will achieve by getting a copy of the Affidavit.
Caveat is enough.
Once there is a caveat in place, it is for you to serve him a copy of your petition, before the Court takes up your petition for hearing.
Many of you think that by insisting on such technicalities you achieve some big things! These things do not matter.
Better take things on merit. That stage has not even reached so far in your case.
ajay sethi
(Expert) 06 February 2013
agree with anirudh
Raj Kumar Makkad
(Expert) 07 February 2013
I also have similar opinion as of Anirudh.
minsal
(Querist) 09 February 2013
Anirudh sir,
why you use such a strict language? i was advised by some one that to get the copy of affidavit, find what written in the said affidavit and then take the legal steps. i was in doubt therefore i requested for help.And further as per the provision i"ve already served a notice about the probate petition prior to his caveat and insteed of filing his affidavit in my support or raising any objection to my petition, he filed the present caveat!
Raj Kumar Makkad
(Expert) 09 February 2013
What is unconstitutionality in the language used by experts while replying your query?
