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Query regarding clarity  of presenting a will in FDP Case and is probaQuery regarding clarity of presenting a will in FDP Case and is proba

Civil »Posted 12 Sep 2019 Post Answer

legal question My mothers elder sister has made a will in my mothers name.Now she has expired. Our case is still pending for Final decree. In original plaint it is decreed as 1/3 equal share between my mom,mom sister and mom brother.
Now our advocate is not presenting the will in FDP case and he is telling that the witness should present the will. If we are not presenting the will,my moms sister name will be deleted from the suit. Proper guidance is not provided by our advocate.lf i ask we can make a probate of a will,he is telling its not required.
Will which is made is registered and it is an open will.
When and how to present the will in our FDP case? Is probate necessary?
Kindly guide me and help me out.
Thanks & Regards

legal answer from lawyer E00019212Sir change the lawyer right now . Yes probate is mandatory and done by the DJ court . Then your mother will get her right .

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legal answer from lawyer E00297058Dear Sir,
All subsequent documents which come into existence due to death of one of the party that is Will etc are to be produced before execution Court as earlier as possible.

I could have explained more if background is known to me. I am at your service if you visit my office.

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