Grant of Probate for aregistered will

Querist : Anonymous (Querist) 17 September 2016 This query is : Resolved
I am an executor of my father's estate a registered will which is getting probated in kolkata high court since April 2015. My elder brother is contesting the will however till date he could not submitted any document which can prove the will is fake. Already four hearing has happened and he is killing time by filingcaviats and affidavits after the cut off dates with folloish excuses about his lawyers problems etc. He is reluctant to give away with 50% of the land and business property share to me and my twin sister. He has been given 50% of the share by my father in the will. Both the witness are ready to appear and I also have with me an FIR report of my father against my brother for compelling him to give him 100% of the share along with a revocation of POA from my brother sand new POA to me and a case against him by father for the dissolution of partnership firm wherein the partnership firm was not registered. I feel my solicitor is wasting time. Isint these documents and witnesses enough to get the probate. My mother and sister has also given consent to the probate. How much time should it take now to get the grant. My laweyr is saying it willtake a lot of timeand would be a huge expenditure. The will is a genuine registered will and my father registered it in jan 2013 and it was presented to him by my father throgh mother right after that then why should we be penalised for the same. What is the maximum limit of caviats and affidavits and the grant of probate in case of registered wills.Kindly guide me at the earliest. Thanking You.

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Raj Kumar Makkad (Expert) 17 September 2016
In the given facts, if will do not prevail then you shall get more share than declared in the will itself. Your brother is not entitled for 50% share if will is set aside and he shall get only 25% and rest of the 75% shall go equally in favour of your mother, sister and you.

Anyway, there is no limitation for the decision of the petition.

Raj Kumar Makkad (Expert) 17 September 2016
I again overlooked that the query has been raised by anonymous and erroneously replied it.

Ms.Usha Kapoor (Expert) 18 September 2016
Anonymous query,. No reply.

Querist : Anonymous (Querist) 18 September 2016
Kindly reply Us a madam I am Sujoy Ghosh.

Querist : Anonymous (Querist) 18 September 2016
Kindly reply Usha madam I am Sujoy Ghosh.

R.K Nanda (Expert) 18 September 2016
Repeated query.

Kumar Doab (Expert) 18 September 2016
AQ,NO reply.

Rajendra K Goyal (Expert) 18 September 2016
No reply to query from anonymous author.

Ms.Usha Kapoor (Expert) 18 September 2016
Your brother through coercion made your father to write 50% share in his favor. But Your father must 've actually written only 25% share to him. The rest of 75% will be divided in equal shares of 25% each among your sister, mother and you.Let the probate court decide the genuineness of the will of your father after due inquiry and inviting objections through z News Papers. You all file objections to your brother getting 50% in your father's will. Certainly you'd get justice.

Querist : Anonymous (Querist) 18 September 2016
Thanks for your reply Usha madam.Actually my father gave 59% share to my brother willingly and we all are OK with it. The problem is that his advocate is filing the caviats and affidavit after the stipulated period mentioned by the court and have given lame excuses of his not well, daughter not well etc for the past two hearings. Even After the court order for them to submit caviar and affidavit in support of their challenge they again submitted it late and again the same lame excuses.ironically the kolkata high court is considering all this again and again. Does registered will has no value and respect and does such cases go on for years wherein it should end within two to three hearings what logically I can understand since apart from my brother all has given consent the witnesses are ready to appear before the court of law, and we already have given citation in the newspapers on sep 15 and there is no challenge apart from my brother. Kindly suggest.

Querist : Anonymous (Querist) 18 September 2016
Sorry father gave 50% to my brother.

Devajyoti Barman (Expert) 18 September 2016
anonymous and repeated query..no reply..

Raj Kumar Makkad (Expert) 22 September 2016
It is now a matter of some more time. None can obstruct tooth to come out. Wait for some more time, however, your lawyer should insist the court to expedite the case and not provide your brother more opportunity to get adjournments.

Querist : Anonymous (Querist) 23 September 2016
Thanks. Raj Kumar sir.

Grant of Probate for aregistered will

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