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Law $ aam (Executive)     22 September 2010

withdrawl of documents from court

Dear Sir's,

I had filed as suit of permanent injuction in civil court on the basis of a unregistered will, at that time my advocate suggested me to submit the original will to honable court & same has been done, the entry for that is in Index of court . Now I want probate of my will so I need the will.

1. How can I get the will from court ?

2. Under what conditions one can withdraw his submitted original Documents from the court ?

3. I dont want to let know the defendent of permanent injuction about the probate, they may creat unecessary problems, is it possible ?

 

Thanking to all of You for ur responses.



Learning

 3 Replies

Mugundhan (Lawyer)     22 September 2010

First u apply for certified copy of the document from court. Then file a petition for substituting the original document with the certified copy.

adv. rajeev ( rajoo ) (practicing advocate)     22 September 2010

If the will is exhibited then you can apply for the certfied copy and after producing the certified copy in the court you can get return the original will. Unregd., will not be marked unless it is proved. You need not to go for probate of the will because you have already filed a suit. In the suit it will be decided whether original is created one or not.

Raghav Sood (Lawyer)     22 September 2010

if you require the original document file an application U/O 13 Rule 9 CPC alongwith certifed copy of the document


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