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Probate of 25 years old unregistered will.Probate of 25 years old unregistered will.

Civil »Posted 7 Dec 2018

legal question Dear Sir,
My grandfather expired in 1995.
He had made an unregistered will in 1994,in the presence of two witness but it was nobody found(untraced) it after his death.
In 2013 we found it with some old record of my grand father which he had gived me when I was working in Delhi.
I was working in Delhi from 1993 to 2005.
My grandfather had given all his movable and immovable property to my father through will, but all the brother of my father were living together
When my uncle and aunty saw the will and found ir correct they filed a property distribution suit in the court against my father.
My father hire an advocated and given a written statement in the court that my father has a will,but he did not submitted the will in the court.
My uncle also given a written statement in the court that when my father submitted the will in the court they(my uncle and aunty) will challange it but neither we submit the will nor they challanged it till 2018.
Now in September 2018,my uncle filed an affadavit in the court that my grandfather did not made any will.
Our advocate advised us to filed an another suit of probate of will.
My father filed a probate suit in the court with the affadavit of one witness.
Please advice us are we going in the right direction or we should do some thing more.


Regards,

legal answer from lawyer E00001413Unregistered will is not an issue but there must be the copy of will. As u r saying that it was not traced, how could you file the probate. You should clarify that first.
Delhi



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legal answer from lawyer E00019212sir was the property of grand father self made or ancestral , if self made then he was free to give it to any one then father can go for the probate , if it was ancestral then he has to share it with his brother too .



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