Is probate required to sue the builder
J Shah
(Querist) 01 July 2018
This query is : Resolved
can the builder make such argument at Consumer Court that the claim of Complainant is not admissible on the grounds of absence of Probate.
Builder had entered into agreement with my grandmother and my grandmother is no more
There is a dispute relating to flat and I (legal heir as per WILL) have filed a petition at Consumer Court.
I have a WILL which is Notarised (certified by doctor and two witnesses)
Is probate required to Sue the opposite party for non performance of Contract
I guess as per section 2 of Consumer Protection Act, Complainant can be Consumer or Legal heir/representative of Deceased Consumer.
Vijay Raj Mahajan
(Expert) 01 July 2018
You say you're legal heir of the grandmother as per her Will but that is just a document that was written signed and witnessed as per you by your grandmother and later notarized, not confirmed by the civil court about its authenticity which can be done during probation of Will.
You got right to sue the builder as legal heir of your grandmother, place any other document to confirm this if the Will takes time for probation process. You may use document that proof your relationship with the grandmother through your parent whose mother she was, this too will help your case in the consumer forum.
P. Venu
(Expert) 03 July 2018
Where is the property situated? Were was the Will made? It is not that every Will requires to be probated. Moreover, the builder is not a legal heir who has the standing to challenge the authenticity of the Will.
Dr J C Vashista
(Expert) 06 July 2018
Discuss with a local senior lawyer with documents, vital information is missing from your statement.
