Probate will

Querist : Anonymous (Querist) 29 January 2018 This query is : Resolved
My dad passed away on 01st Nov 2017 .
In one partition deed between him and us (first wife sons) ;he got the property for 1 acre in joint for himself and first wife.
His First wife passed away in 2008. Dad has made a will on this property in 2013 to pass on to second wife and her kids. Now the respective government official are asking for probate of will.
what is the need for probate? what happens to joint property after one of the joint owner has passed? Can we contest the will ? Or the property goes to his second wife and kids as mentioned in the will?

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kavksatyanarayana (Expert) 29 January 2018
for probate Will see previous threads. Once partitioned the property. for which property did your father write a will? for the property of his share or which property? state full facts clearly. or show all the papers to an able lawyer who well knowledged with the matters for futher action.

Vijay Raj Mahajan (Expert) 30 January 2018
The Will can be made for the property solely owned by the testator not in jointly with another person. The Will need to be probated from the Civil Court and the Will can be challenged on this very ground that your father could not include the entire property that he owned jointly with your mother, namely his first wife in his Will. The day the first wife died, the share of first wife who died intestate without making Will for her share in the property devolved in equal share to her widower, all her sons and daughters. Your father had just one share in that portion of the first wife whereas you and all your other siblings born out of their marriage has one share each, in such case he could make Will for his one share in that portion and his half other share for his second wife and her children only.
Your share in the property is preserved and you can claim it through civil court by filling for partition of the property by way of law of succession and getting the Will made by your father declared as null and void.