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anononymus (Business)     29 June 2008

probate of will

what is meant by the probate of  a will? Under what circumstances, the will will have to be probated? what is the time duration and cost of getting probate of a will in Delhi involving two beneficiaries, brother and a sister only? Brother is delaying, dodging/refusing execution of the will .


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 6 Replies

Guest (n/a)     29 June 2008

probation of will is applicable only to metropoliton cities if the executnt lived in such cities at the time of execution

Shree. ( Advocate.)     29 June 2008

Probate is a legal process, which is undertaken after a person’s death where a Court supervises the transfer of assets from the deceased person to his or her heirs or named beneficiaries.  Probate is designed to settle the decedent’s Last Will and Testament.  If there is a Will, its validity is assessed by the Court through probate.  If there is no will, an administrator is appointed to oversee the disbursement of assets.


The probate process can take months or in some instances years; the time period depends on numerous factors.  Some of these factors include: the size of the estate, the length and time taken to locate and validate the Will, the time taken to appoint an administrator in the absence of a Will and the length of time taken to find and notify all beneficiaries.  In addition, if the Will  is contested, the probate process may be tied up for years, but in any event until all matters are resolved.




 


 

Rohit Krishan Naagpal (Advocate)     30 June 2008

In Delhi Probate of Will is not necessary . in case of disputes between the legal heirs , it can take time.

Prakash Yedhula (Lawyer)     30 June 2008

The term "probate", in it's strictest sense, signifies that the copy of the will is given to the executor, together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved.



Though executors derive his title from the will and not the probate, the probate is still the only proper evidence of the executor's appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off, but only perfects the representatives title of the executor to the property, which did belong to the testator and over which he had a disposing power.

anononymus (Business)     30 June 2008

Is there any validity period for the will to be executed in case of residential property in Delhi.

amarpreeti (service)     13 July 2008

there is no time limit


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