Will & Probate related query.When & how to present the will in FDPcase

My mothers elder sister has made a will in my mothers name.Now she has expired. Our case is still pending for Final decree. In original plaint it is decreed as 1/3 equal share between my mom,mom sister and mom brother. Now our advocate is not presenting the will in FDP case and he is telling that the witness should present the will. If we are not presenting the will,my moms sister name will be deleted from the suit. Proper guidance is not provided by our advocate.lf i ask we can make a probate of a will,he is telling its not required. Will which is made is registered and it is an open will. When and how to present the will in our FDP case? Is probate necessary? Kindly guide me and help me out. Thanks & Regards

Answers (1)

92 votes

I seriously suggest to change your Advocate as it is not necessary witness should present the will. The Will must be produced by a party who is asserting a execution of the Will. Will is very must required for the purpose of probate. To advise more accurately i need to see preliminary decree and all the court documents.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Wills / Trusts Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Wills / Trusts Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."