Delay in getting probate/ Will. What can we do now?

Last three years my case in Mumbai HC.My father had made will in my favour for the flat. My brother has challenged it. Court appointed a commissioner. My examination is over. In my side one witness appeared and said that my father had singed will in her presence. Even society is having copy of will and affidavit made by my father, stating that the property should be transfer on my name. From last one year the matter is not coming on the board. Now my advocate says first we will give letter to opposite party. As its delayed and judge may levy penalty on me for the delay. pl guide and help.

Answers (1)

265 votes

Your matter pertains to civil proceeding and under no circumstances it is possible that matter will not come for hearing for a period of 1 year.

We suggest that you should inspect the file yourself and ascertain the last date of hearing and next date of hearing.

Further, if the matter is not coming on board , then you should ask the lawyer why will the court impose penalty on you. 

Accordingly based on your findings we will be able to advise you further

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