Probate case

1) what are her chances of success?
It depends on the merits of the case and advocate who contest the matter. No one can forcaste the chances of success. However as per your case you have good case.

2) Since her granfather is old can his witness be taken at his home only?
Yes it is possible. 

3) Is it better to go with negotiation or file probate as my uncle or her grandfather doesn't want to damage their relation ship with his sisters.
For the sake of relationship you can negotiate. However there is apprehension that you may suffer some loss. I will suggest to consult with local advocate before you take any decision. 

You can transfer the property as per will after death of grandmother.

1) what are her chances of success?

It depends on the documents which you will submit and the arguing counsel. As per your case you have good case.

2) Since her granfather is old can his witness be taken at his home only?

Yes it is possible but it require the permission or leave of the court.

3) Is it better to go with negotiation or file probate as my uncle or her grandfather doesn't want to damage their relationship with his sisters.

There is apprehension that you may suffer some loss. But negotiation is better than court case and time saving.

 

Jyotirmaya Prasad Behera

Advocate,Orissa High Court

9132319262

Dear Ramesh Singh Sir,

My cousin is the only child of my uncle and she is already supporting her family by her salary since 5 years now. but her salary is very less she works in Infosys call centre and they are now searching a groom for her. also the said property is small which when divided doesn't yield any sizeable amount to anyone. My uncle doesn't have any savings as such, he was working as a journalist( always less salary) he doesn't have a house. My cousin has purchased a small flat on loan of 20 lakh which she is repaying, all her money goes away as interest. while my uncle works in a shop for Rs 10,000 now. Her mother has Asthama and BP related health problems, their financial condition is very difficult. they have no other means of support, that is the reason she is keen to put the case.

All her aunts are government servants with pension incomes and own properties, her grandfather also is a government servent with pension income.and lives alone. Please guide as to how she can secure her and her parents future.

1) Please let me know if my uncle can claim Maintainace from his sisters in case if situation demands in future and my cousin is not in a position to support them?

Grand father leaves in mysore. girl works in bangalore and father was also working in bangalore. Property is in mysore worth arount 60-70lakhs. The will is 4 years old. and grandmother died 2 years ago. they are trying to settle in peaceful manner with the 2 aunts but they are unwilling.

The will is hand written on a stamp paper of Rs-2 that we used to get by the grandmother. Grandmother was educated and was 83 years old at time of death and died due to old age. It is a residential property having only 1 house in which grandfather is leaving. My uncle's age is 58 and my cousins age is 27. My uncle was working in bangalore before he married my aunt. they visited frequently during holidays. My uncle had even purchased a house in bangalore on loan but had to sell it  since he was unable to make payments on time during this time he had asked his father and mother to live with him, but they wanted to leave in mysore only. The property can fetch a rent of Rs.6000/month (single house). Grandmother's brother is the other witness

Thanks Sir for section wise reply

Hi. Since you have mentioned that 2 daughters will be disputing, then even if you file a probate or LA petition, that petition will be converted into a regular suit which will be undecided in court for several years. So its advisable that you go for a settlement.