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M. L. SONEJI (Secretary)     18 February 2014

Enforceability of probate

The facts of the case are as under:

 

1.   First will was executed in mid 2004 in favour of one son.  

2.   Subsequently another will was executed in end of 2004 in favour of another son.

3.   On the basis of the first will, the son obtained 'probate'.

4.   Thereafter, the second son challenged the probate and as such sought 'probate' in his favour on the strength of the subsequent will.

the following questions arise:

1.   When (in which conditions/circumstances) the 'probate' becomes non-enforceable?

2.   On what grounds the will be challenged?

 

Shall be pleased to have guidance on the above points from legal provisions perspective as also from the judgements given by the H'ble courts on such points.

 

 



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