Can suit be filed to challange a Will on the ground of obtaining fraudulently, if executor of the same is not filing petition for probate.
M. A. Khan (advocate) 20 September 2010
Can suit be filed to challange a Will on the ground of obtaining fraudulently, if executor of the same is not filing petition for probate.
R.Ramachandran (Advocate) 20 September 2010
Dear Mr. Khan,
It will be better if you claim your (your client's) share in the property by filing a suit for partition, which will force the executor to file a petition for probate of the will. At that time oppose the probate by whatever grounds (frad, coercison, undue influence, etc.) that you may have to oppose the same.
adv. rajeev ( rajoo ) (practicing advocate) 21 September 2010
suit can be filed for declaration and injunction. Limitation is three years from the date knowledge
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