Sir,
My Father had a will from testator who is her maternal grandmother in 17-02-1976
since it was a registered will he didn't probate when her maternal grandmother died in 1992.
My dad died in 1997 without probating and now title/partition suit has been filed by my uncle as in survey/khatian
includes the name of my f
ather and his three brothers as they were residing there.
we have been living there since 40 years now
is it possible probate now as we have come to know with the RTI as my dad had been gifted land through registered will.
or what could be done the best
Thanking You
Devendra
Acc. to me if there's Regd Will and unporbated & U got d knowledge of it after RTI then U shud definetly file a Probate Petn. of d said Will claiming under ur father's name. Probate Petn. must state d entire facts and particulars of d ssaid will, ur family details and existence of Partn Suit filed by ur uncle. On filing of this Probate, all d claimants of estates of d will be served Summons of Probate Petn. There is clear possibility of ur probate getting converted into Testamentary Petn. But if Will is true and genuine and registered, u may succeed to d subject matter of will under ur father.
MV Jha Advocate
