Application for a probate

Harshala (Querist) 26 September 2012 This query is : Resolved
i want to make an application for a probate, but i do not have orginal copy of will? it is necessary to submit a orginal copy of will while applying for a probate? and if yes what is the alternative one can have if he do not have original copy of will.

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ajay sethi (Expert) 26 September 2012
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

prabhakar singh (Expert) 02 October 2012
Yes!It is so but you would be required to prove the loss of original adducing evidence.

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