Vikas Kanojia (Proffessional) 24 April 2015

Probate of will

Hi All,

Just want to disscuss one of my Case. This is related to Will executed by my Granny to Three member of the family 1) My Father 2) Myself 3) My younger Brother equally. The land belong to my Granny. Later on My father sold the part of land to third person without taking me and my brother in knowledged by The deed of conveyance to third party. I only came to know only after 1 years of the deal. The Deed of Conveyance have the reference to the WILL which was created by my granny to us.

Now the point is.

1) The WILL is not probated.

2) I have filed a suit in mumbai city civil court for the possession of the same land.

What will be the further step to handle this case

Regards

Vikas Kanojia

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5 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 24 April 2015

If will stipulates right to sell partly then ur suit will not sustain.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 24 April 2015

If will stipulates right to sell partly then ur suit will not sustain.

saravanan s (legal advisor) 24 April 2015

to add probate of will is compulsory if the property you were talking is within the jurisdictional limits of mumbai high court.once the probate is obtained your fathers share out of the deceased property needs to be mutated on his name and only then it can be sold through a conveyance deed.you are right in challenging in the court also obtain injunction against the sale of the share of property