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Sameer Kumar (Banking)     14 November 2009

Is photocopy of a will acceptable

If the original will is lost , has never been probate. in this case is a photocopy acceptable . also, is there a time limit to get a will probate ? or is there no limitation.



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 November 2009

 Photocopy can be acceptable if you satisfy the court that the original is lost and examine the witnesses who can testify the execution of the WILL,  and also the attesting witnesses to the original WILL.  


(Guest)

A photocopy of WILL is not acceptable in the court. If you lost WILL deed first you have to complaint in the police station. If not found legal heirs Affidavits should submit. Then you have to prove the contents of the WILL through witnesses. 

k.kumar raja (advocate)     15 November 2009

both archana and sathya prakash atr corrcet

Sameer Kumar (Banking)     15 November 2009

Thanks for your replies, is there any time limit to get a will probate ? or is there a statute of limitations ?

Anil Agrawal (Retired)     05 December 2009

Yes or No OR Yes and No.

237. Probate of copy or draft of lost will.-When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.

238. Probate of contents of lost or destroyed will.-When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence. 

Anil Agrawal (Retired)     05 December 2009

If both the witnesses are also dead and original will not found? What evidence?

N.K.Assumi (Advocate)     13 December 2009

I am with Archana.

jayeshmankodi (Lawyer)     13 December 2009

Yes Photocopy of a will is acceptable in case of the original will is lost and court should be satisfied with that the original will is lost .

jayesh mankodi

Anil Agrawal (Retired)     13 December 2009

 What are the parameters for court's satisfaction when:

1. Will written 20 years ago not probated by executor where testator, executor, witnesses are dead.

2. The beneficiary admitted existence of the will ten years ago yet no steps taken by him to probate it on the basis of the photocopy.

3. The beneficiary does not have original copy.

 

Raghav Sood (Lawyer)     19 December 2009

photocopy of the will cannot be eaccepted in evidence as it does not satisfy the requirement of secondary evidence under section 63 and 65 Evidence act

Raghav Sood (Lawyer)     19 December 2009

nor even if you plea that original is lost or destroyed

Nali Seshu Kumar (SOCIAL WORKER)     01 January 2010

photostat copy of will is not acceptable it would devoid the evidance act


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