Probating a will is very complex and sensitive, specially when reaching the age above 60 plus. My father expired in year 2005, Even after 8 years the probate is not completed, simply passed the judgement on the basis of last will just few months before the death of ailing old age father, subject to condition. The condition was to clear the pending related to the same property case filed by the parties claiming the probate.Those who have physical possession or acquire some portions with motive to get will/gift deed in their favour, enjoy physical possesstion for generations evading property tax and rental value of the property. The legal heir who does not have the physical posesstion nor the will in his favour, suffer and will not survive till the case reaches Supreme Court from High Court at NAGPUR. What law says about the authenticity of Will/Gift deed in the Probate! This happened with me in the above case and difficult to fight the case from Delhi due to financial constraints reaching court far away. Neither of the parties in the court are able to to prove the authenticity of their Will/Gift deed. The Gift deed was challenged within a month of its Mutation.
Why can the law has time frame for the Probate Court and also quash the probate Order on the grounds of time limit and other related pending cases of the parties in the High Court. Can a legal heir who does not have any will, file the petition for quashing the Probate Order passed subject to clearing the pending cases in the High Court.
