Regarding probate petition
ss.k
(Querist) 06 December 2012
This query is : Resolved
Sir,
I submit that in a probate case in Delhi, the petitioner is seeking grant of probate on the basis of a purported Will of 22 years back typed on a plain paper in which name of one the witness mentioned therein is no more and the second witness is younger brother of the petitioner. Actually, the property for which the petitioner seeking grant of probate is ancestral base and allotted in lieu of compensation claim against ancestral property left in East Pakistan (now Bangladesh). Please advice me on the following points:-
(i) In view of above facts and circumstances, whether the probate court can proceed to see the genuinity of the purported Will.
(ii) Whether the probate petition can be dismissed under the above said circumstances on various ground including non submission of replication by the petitioner even after expiry of one and half years and since court close this rights and likely to frame issues in this case.
(ii) The existing judgment delivered by the
various higher courts in c/w dismissal of probate petition on the similar circumstances if any.
Raj Kumar Makkad
(Expert) 06 December 2012
1. If the other legal heirs of the deceased raise objection to the probate then the possibilities are remote in such ancestral property.
11. No. Non-submission of the replication is not a valid ground to dismiss the probate petition.
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