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Jayanta Bandyopadhyay   13 January 2024

Withdrawal of probate suit

As conversion of will to Probate is taking 2 years plus Rs.45000 already spent, would go for Gift Deed route. Is it mandatory to withdraw suit and take back all papers with additional cost?

In view of bad experience, what should I do for my daughters , keeping in mind Mr.Vijaypat Dinghania ill fated gift Deed consequences.

 

Please guide.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 January 2024

If it is your property which you want to transfer it to your daughter by a Will, then please remember that the grant of probate of Will to the beneficiary can happen only after the lifetime of the testator and not before that, hence the details what you have given here is not in conformation to your statement especially when you want to switch over the mode of transfer of property to gift deed instead of probate of Will. 

So please revert with more details for proper opinion 

Jayanta Bandyopadhyay   14 January 2024

Sir

Probate route is discouraged by all good advocates. I was misled by incompetent lawyer and lost 2 years plus Rs.45000

While my sister is giving consent to Gift Deed, 

 

My query

 

As gift Deed takes immediate effect,  taking lesson from Mr Vijayapat Singhania, want to protect my turf during our life time. Same time hassle free transfer to daughters. No will -Probate route.

LCI Thought Leader Sanjeev Duggal Advocate   19 January 2024

The conversion of a will to probate is governed by the Indian Succession Act, 1925. The probate process is a time consuming and costly procedure. It involves obtaining a court order validating the will.

If you want to go for an alternative like a Gift Deed, then it's crucial to assess the legal implications thoroughly. For this, you can refer to Section 122 of the Transfer of Property Act, which deals with the essential requirements for a valid gift.

Regarding withdrawal of a suit, the Civil Procedure Code, 1908 (Order XXIII) outlines the procedure. However,withdrawal may incur additional expenses, therefore, in order to avoid complications, it's crucial to follow the legal procedures for withdrawing a suit.

Further, regarding Mr. Vijaypat Singhania's case, individual cases can vary, and legal outcomes depend on specific facts and circumstances.


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