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Clarification regarding probate certificate
09-Aug-2023 (In Property Law)
I have purchased part of the land from three brothers (all the owners are included). Registration of land was done in 2009 and entry in all land revenue documents and title clear for my land where done in 2009 it self. Now as part of land was with these peoples and one of the person was died in 2012 and before 10 days of his death he made a will of whole land in favor of his adopted son. And this son has some how got the probate from the court in 2016. I was not aware about this will and probate till date in probate certificate it was written that the property of block number 123 with area of 1.0027 Hector belongs to this person but actually the area of block is 1.0927 Hector outof which 0.6967 belongs to me. And in probate was granted without any revenue or registration proof in favor of that son. As I was not informed during the process of probate can I challenge the probate now(2 years).
The probate can be challenged and you should do it at the earliest. A person can make a will only in regard to the properties which belong to him entirety but in the present case the property was jointly owned by three people and also no partition has been done yet in respect of the property. If one of the brother wanted to make a will in favour of his adopted son with respect to the said property then he should have taken a no objection certificate from the other brothers.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Dear SIr, The will made by one of the owner is required to be gone through for clear clarification and further, in the Will has the schedule of the property with the names of the owners is recorded. If not, then you can definately challenge the probate certification and file suit before the Civil Court. In my opinion and as per your short details you can file the suit challenging the Probate certificate.
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Adv. Dhruti Shah
Ahmedabad | 25+ Answers
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Yes, definitely. You can challenge the probate in court. I think the will is also not prepared by deceased otherwise he would have mentioned the right measurement. There is something wrong. You just challenge the pribate, every fact will come out. And definitely you will win.
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Adv. Mukund Kumar
Rajkot | 100+ Answers
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