Will- Probate.
Rathnakar P V
(Querist) 06 October 2009
This query is : Resolved
Dear Experts of the Forum ,
In case a family uses part of the statement of the Will in HIGH COURT for a compromise petition,and agreed by the COURT; can we treat the will as PROBATED.
Thanking you.
Manish Singh
(Expert) 06 October 2009
no.. it can not be treated as a probate of the will. u can move a petition for probate at the smae HC itself since the HC and the district court has concurrent jurisdiction in case of probate of a will.
Raj Kumar Makkad
(Expert) 06 October 2009
In ur case it shall be treated that the will has been undone and fresh settlement has been made and thus will shall have no role.
Sachin Bhatia
(Expert) 06 October 2009
Fresh settlement has been made and thus will can not be treated as probate.
Bhumik Dave
(Expert) 07 October 2009
Will can't be treated as a probate
Rathnakar P V
(Querist) 07 October 2009
Dear friends,
I am sorry,i think i have not explained to you clearly. It is like this:
A person "X", unconnected with family (of "Y") had got the share in the property through WILL( of "Y"). This statement is used by the same (of "Y) family in a compromise (in a land dispute), with THIRD PARTY. Had it is not mentioned in the WILL of "Y", The person "X" would not have had any share in the family of "Y".
During the case trial in the HIGH COURT between THIRD PARTY and the FAMILY of "Y", the above fact of the distribution of the property effected,without mentioning the WILL.
Hope i am clear now!
With regards...
Raj Kumar Makkad
(Expert) 07 October 2009
If any subsequent compromise has arisen, you must mention the will so that it may be treated as undone and in future third party may not create any problem for your family.
Rathnakar P V
(Querist) 07 October 2009
Dear Sir,
Here the issue/Problem is not with the Third party.
In the Will of "Y", the person "X" had given some more property, this fact is concealed by Family of "Y". under the circumstances can "X" use the will as probated.The issue pertains to State of A.P.
With regards...
