Probate cases

Querist : Anonymous (Querist) 20 June 2011 This query is : Resolved
Sir,

whether there is any time barred / limitation to probate an unregistered will on a plain paper in Delhi. If so, please provide/ refer recent judgements?

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Devajyoti Barman (Expert) 20 June 2011
The legatee or the executor of a Will can apply for Probate at any time he likes but after the death of the testator.

It does not make any difference if the Will is unregistered and on a plain paper.

A V Vishal (Expert) 20 June 2011
According to Section 2 of the Indian Succession Act, 1925, Probate means "the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator". It is nothing but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased

There is no limitation for grant of letters of administration or probate. Where the estate is in the possession of administrator there is no question of the Probate Court delivering the possession to him but the probate will be decisive only with regard to the genuineness of the Will propounded and the right of the executor to represent the estate.

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