Probate of registered will
Rishi Ahuja
(Querist) 23 December 2017
This query is : Resolved
Sir , I was in defence service and and my expired in 1986 and left behind a registered will in 1979.
due to certain exigencies , it was not possible to come and every now and then for the probate of will.
As per the will there are eight legal heirs and out of which three are the only beneficiaries and out of three one was not in favour to transfer the property in mother names as he has already taken his share and secondly , second beneficiary also does not want to give the copy of the registered will as it was with him for the safe custody. So i left the service in 1991 and since then i tried to get the copy of the will but i failed to do so. But in 2013, any how i got the certified copy of the will from him and want to get probate by the time since then my health does not permit me to do so, and in 2016 i met with an fetal accident and now i am little bit able to walk and like to probate my will in the court, is there any time limit for that or i can file the probate application in the court now justifying the facts
Second suggestion i would like to know that can i sell my share in the property to some other person other then the legal hires..
With kind regargs
Kumar Doab
(Expert) 23 December 2017
Whose WILL is it?
Or Who is testator and your relation with testator?
You have missed it in earlier lines....
Was testator also in defense service?
Rishi Ahuja
(Querist) 23 December 2017
Sir, testator is my father and I am the youngest son who was in defence service. With regards
kavksatyanarayana
(Expert) 23 December 2017
Even now your query is not clear. However there is no time limit to get a will probate. A petition has to be filed before the Principal Court of Original Jurisdiction or before the Hon'ble High Court under Section 374 of the Indian Succession Act.
Hemant Agarwal
(Expert) 24 December 2017
1. IF the immovable property is not situated in Mumbai, Madras, Calcutta, THEN the will is not required to be probated.
2. Probate proceedings (if necessary) can be conducted at any time, by the legal heirs.
3. Joint Property (means undivided) CANNOT be sold without first dividing the property, by legal procedures. Joint Property can be sold /purchased by the legal heirs, without division.
Keep Smiling .... Hemant Agarwal
P. Venu
(Expert) 24 December 2017
Yes, the facts posted are incomplete and confused.
