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How to get probate process completed


28-May-2023 (In Property Law)
Vacant land property in Kolkata, four brothers as beneficiaries in a registered will, one sister also but she is not a beneficiary. Father died 20 years ago. Probate application was filed 7 years ago. Executor, (One of the brothers who was appointed as an executor under will), applied for probate but does not want to proceed further due to his vested interests and he does not attend regularly the probate hearings also although he is the main applicant to the probate application, two of the brothers want premium parts of the land but do not want to attend the court hearings until their demands are met. It was suggested to me by a lawyer to approach the High court requesting to instruct the alipore court to expedite. Another lawyer suggested that partition suit is the only option. Questions: How can I get the probate process completed under Kolkata legal environment soonest while the executor and other brothers do not attend the hearing as a delay tactic?
Answers (3)

Answer #1
545 votes
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Answer #2
618 votes
Your lawyer who suggested the expediting of probate proceedings is a good suggestion as a partition suit can take years. You can file a civil revision application before the High Court for expediting the probate proceedings or an application can also be filed to remove your brother as executor and request the alipore to appoint another person as an administrator.
Answer #3
876 votes
You may seek directions from the relevant court for appointment of administrator and he will act and distribute the properties in terms of the will and probate. Nothing to worry . Please ask your advocate who is appearing on your behalf to appoint an administrator in terms of law.

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