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CA VINAY JAIN (SOLE PROP.)     09 March 2013

Probate of will

IN CASE OF A REGISTERED WILL WHICH IS KEENLY CONTESTED IN A PROBATE COURT , CAN THE PROBATE BE OBTAINED IF THE TERMS OF THE SO CALLED ALLEGED WILL IF :

1.    THE PETITION U/S 276 HAS LISTED WRONGLY THE VALUE OF THE ASSETS AND LIABLILITES AND HAS WRONGLY SHOWN THEIR VALUES BY SUPRESSING THE ACTUAL VALUE OF THE ASSETS AND OVERVALUING THE LIABLITIES LWADING TO THE -VE WEALTH OF THE DECEASED ?

2.  AN INTERIM STAY WAS OBTAINED FROM  THE HON'BLE ALL. HIGH COURT BY THE PETTITIONER AGAINST THE RECALL ORDER OF THE PROBATE INITIALLY OBTAINED IN D.J COURT FOR CONDUCT OF ANY PROCEEDINGS .  THIS STAY HAS NOW BEEN VACATED BY THE HON'BLE ALL. HIGH COURT WITH THE INSTRUCTIONS THAT THE ENTIRE CASE SHOULD BE HEARD AFRESH AND DECIDED AS PER LAW . HOWEVER , DURING THE STAY PERIOD FROM 2003 TO 2012 THE PETETIONER HAS TRIED TO CREATE THIRD PARTY INTEREST AND GAVE THE PREMISES ON LONG LEASE QUITE CONTRARY TO THE TERMS OF THE ALLEGED WILL . CAN NOW AFTER RECALL AND FRESH HEARING THE ENTIRE CASE BE QUASHED AND THE PROBATE APPLICATION DISMISSED MAINLY ON THE GROUNDS OF WRONG STATEMENTS OF ASSETS AND LIABLITIES IN THE PETITION AND ALSO SUBSEQUESNT VIOLATION OF THE TERMS OF THE ALLEGED WILL . FURTHER , THE PETITIONER HAS NOT FILED ANY STATEMENT OF ACCOUNT AND INVENTORY AS REQUIRED U/S 317 OF THE I.S. ACT , 1925 . PL SUGGEST REMEDY FOR EARLY DISPOSAL OF THE CASE ??? THANKS ....



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 2 Replies

Rajendra Shrivastava (advocate)     24 March 2013

you can file civil suit on basis of will.       9827274857

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 May 2013

 

317. Inventory and account.-(1) An executor or administrator 
shall, within six months from the grant of probate or letters of 
administration, or within such further time as the Court which granted 
the probate or letters may appoint, exhibit in that Court an inventory 
containing a full and true estimate of all the property in possession, 
and all the credits, and also all the debts owing by any person to 
which the executor or administrator is entitled in that character; and shall in like manner, 
within one year from the grant or within such further time as the said Court 
may appoint, exhibit an account of the estate, showing the assets 
which have come to his hands and the manner in which they have been 
applied or disposed of. 
 (2) The High Court may prescribe the form in which an inventory 
or account under this section is to be exhibited. 
 (3) If an executor or administrator, on being required by the 
Court to exhibit an inventory or account under this section, 
intentionally omits to comply with the requisition, he shall be deemed 
to have committed an offence under section 176 of the Indian Penal 
Code (45 of 1860.). 
 (4) The exhibition of an intentionally false inventory or account 
under this section shall be deemed to be an offence under section 193 
of that Code. 

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