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Devang Mistry (Consultant)     21 June 2011

Probate - Will, Gujarat

Respected All,

Please guide me on the following issue :

Four sisters - One brother. Brother being an advocate without any family members (No issue - wife died) passed away on 02.01.2009. One of the sister and his son have misappropriated all the property and tried to sale-dispose the properties/NSC/KVPs/Investment etc. But in one case they caught with revenue department. They have send the notices to other three sisters at wrong incomplete-address but by luck one of sister received that notice and opposition could not appear in the Supt.Court of City Survey. Authority has refused the application and now ask him to get the will probated from court.

Please guide me..

1. When executor have not come with original will & produe the letter of administration to three sisters - Can we file suite against the Executors for not fulfilling their legal duties ?

We have already planned for the F.I.R. against these people.

Can Notary be sue for fake Notary ? Who is not giving the copy of register in which brother has put the signature.

Guide properly.



 1 Replies

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     21 June 2011

It is necessary in probate proceedings that there should be personal citation to all legal representatives. If it isnot than any LR can file application for revoking the probate.

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