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Anup bhatia (service)     06 November 2010

How to fight a case from outside India

I sold a property bequeathed to me by my grandmother through a registered will. The property stood in the name of my grandfather and grandmother.I am outside India currently and would not return for atleast 3 years. My father and uncle have joined hands and are trying to obtain probate of a certain will which was made before the registered will in my name. The will of which they are trying to obtain probate is not registered.The property is in possession of the person to whom I sold the same before coming abroad. The probate case is on and I, my father, my uncle, and the new owner to whom I sold the property are all parties to the said case filed by my uncle. Under these circumstances, how should I proceed further ?I have already made a registered agreement and registered power of attorneys with the person to whom I sold the property.



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 2 Replies

M V Gupta (Advocate)     06 November 2010

You have to engage an Advocate to represent your case before the Court. For this purpose you have to sign a Vkalatnama in his favour. If you have given a general power of attorney to any one in India to act on your behalf in court matters then the POA can engage Advocate on your behalf and contest the matter. You may have to appear before the Court only if your personal eviodence becomes necessary.

niranjan (civil practice)     06 November 2010

Since you have already sold the property and given the same person power of attorney,he will fight on behalf of both for himself and for you. However it is advisable that you should give power to another person so that he can take proper objections to fight out the genuineness of the will in question. The reason is that you better know whether the will in question is genuine or not and whether there exist suspicious circumstances which you can clearly guide to your advocate and submit your objection.Purchaser would only say that he is bonafide purchaser,but will not put the objections which you can put.


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