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Probate case unregistered will of father , mother and brother gave NOC


24-Aug-2023 (In Property Law)
Probate case unregistered will of father will brother nd mother gave noc. Two sisters filed objection nd my two witness gave evidence one witness is my wife second is father friend Now sisters did not give evidence nd gave affidavit that they dont want to give evidence nd proceed in the case.nddid not argue the case. But judgement is against me as judge dismissed the case as one point differ in two witness nd said sign differ in will nd affidavit therefore the judge dismissed the case with contest now what chances in higher court nd should go for appeal in higher court.
Answers (2)

Answer #1
901 votes
It is advisable to file appeal in HC. U have a good case, once will is executed is proved, minor contradictions can be ignored. Consult with all documents, including evidence copies for better clarity.

Answer #2
714 votes
from your version it appears that you are having a good case as your brother and mother has already given their NOC.
your case has been dismissed only on the ground of minor contradiction of witnesses.
you are advised to move before high court immediately and file a petition under section 299 indian succession act.

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