Will

Querist : Anonymous (Querist) 16 October 2010 This query is : Resolved
the suit property is the ancestral property of all the four sisters (Defendants) after the death of mother their names recorded as the LR's to the suit property. suit property still not partitioned. But befor the death of mother, the son (plaintiff)of above one sister, fradulently executed the Will of 1/5 th share of the suit property, from the mother of above defendants. Now he fieled the suit for declaration against all the sisters.
So my Q. is that, whithout probat letter can son (plaintiff) field suit for declaration,injunction against all above sisters (defendants)

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Adv Archana Deshmukh (Expert) 16 October 2010
Yes, if the property is not situated in cities like Bombay, Calcutta, Delhi then probate is not required.

adv. rajeev ( rajoo ) (Expert) 16 October 2010
let the defendants contest the case. If defendants challenges the will burden lies on them to prove that will is forzed/created. Plaintiff also has to prove the will by leading the evidences of the scribe & wittnesses.

adv. rajeev ( rajoo ) (Expert) 16 October 2010
Probate is applicable to only metropolitan cities. Plaintiff has filed a suit for declaration it is sufficient.

G. ARAVINTHAN (Expert) 17 October 2010
To declare that share in the property, declaration suit is sufficient

Kirti Kar Tripathi (Expert) 17 October 2010
Mr. Rajeev is correct.it is burden of plaintiff to prove the will and the defendants can rebut the existence of said will or/legality of will.

Rajeev kulshreshtha (Expert) 17 October 2010
I also agree with Mr. Rajeev.

M/s. Y-not legal services (Expert) 17 October 2010
Yes. If property located at any one metropolitan city mean probate must. Otherwise partition suit is enough.

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