Probate challenged after 12 years


Dear Experts


My grandfather made a will before his death in 1990 & handed over everything to my father & his children…Probate application was done in high court in 1995 by my father after grandfather’s death…All siblings of my father made affidavits & stated that the will is true & that they had no objections for probate..after a few months, mu uncle i.e. father’s brother gets his affidavit cancelled. High court then asks father’s advocate to send a 2nd opportunity to my uncle so that uncle can come to court & raise objections…Advocate sends a notice to uncle & gives a proof through a courier receipt that its delivered to uncle…Uncle does not come to court to challenge will…Hence high court grants probate to my father…Probate was granted in 2002…


Now suddenly after a gap of 12 years, my uncle harasses entire family stating that he did not receive any courier and the courier receipt shown is fake…Nobody can tell the status of a consignment which was done 10 years back…The receipt does not show the courier company but it shows that the sender’s & receiver’s signature…

The state is that all properties mentioned in the will have been sold..will was genuine…Police on the instigation of uncle is coming at doorstep of our house stating that uncle didn’t receive the courier and will was fake.


How do we tackle this???

Also can I file a cross criminal complaint against my uncle coz he is torturing us for no reason using all contacts, he is claiming for properties which are sold….its a kind of fraud to deny a genuine document…he contradicts his own statements…He had once made affidavit stating will is genuine & later in few months gets affidavit cancelled..Isn’t this deviation of truth a fraud?




Whether any case has been registered by the police. If so, approach the court for quashing the FIR stating that it is a civil matter and there is no question of criminal proceeding.




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