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Author Topic: Probate of a registered Will delayed since 7 years  (Read 175 times)

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Offline nicenice

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Probate of a registered Will delayed since 7 years
« on: May 23, 2017, 08:13:45 PM »
Probate of a registered will in favor of four sons of deceased is pending at Kolkata district court (Alipore) since 7 years because one of the beneficiary, who is executor also, is not interested to execute, and another beneficiary does not want so for his own vested interests, the probate hearings dates are regularly set at three month intervals but these two beneficiaries do not show up on various excuses. Lawyer is also not taking much interest to push the matter for unknown reasons. Therefore the remaining two brothers (one is NRI, and another one is in Calcutta) are not able to get their share of property. The matter is dragging on in the court for last 7 years. Initially the matter moved at a regular pace, full stamp duty was paid, notices were published in local newspapers, written and in person evidences were provided. But then for unknown reasons the two brothers lost interest and started to drag on. Mutual discussions have failed due to vested interests and adamant attitude of these two of the four brothers.

I am seeking advice for a fast track solution from lawyers practicing in Kolkata.  Can the high court of Calcutta be requested to ask the district to conclude the matter?  Is there any other way to have the probate expedited?


 

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