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 ....
