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Probate granted for a forged will


21-Mar-2023 (In Wills / Trusts Law)
My elder brother got a probate issued on his name 4 years back against a Will by my father, which is fake and forged. I was not informed about any of it. For the requirement of the court, my brother sent the notice letter on the address where I do not stay. As a result I couldn’t go to the court and an ex-parte decision is made. Now he is the executor of the will and says that fathers property will be distributed among brothers in due time, suppressing all above. Please advice about my step.
Answers (1)

Answer #1
130 votes
Since, you have not received any notice in connection with the application of probate of your father's will, you can legally claim that you are not yet aware of the said will. File a partition suit immediately claiming share of your father's property. Your brother will certainly submit before the Court that the said property has been willed by your father and that he has already got a grant of probate for the same by the court. Demand and collect all the documents including the process note in connection with the said grant of probate. File an application challenging the grant of probate without serving notice on you properly.

The court will take note of everything and grant a partition of property. But since such cases are quite experience based and involve lots of technicalities, it is better that you hire a well qualified lawyer and get the best help possible for getting the decision in your favor. 

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