Land through will made outside of india
Sharan
(Querist) 28 April 2014
This query is : Resolved
I am curious and would like some info on the following :-
1) My father's uncle (Chaca who was a bachelor)died in Malaysia and left a will for his nephews children for his ancestral property in Punjab.
2) Unfortunately, the original will went missing and when the copy of the will together with the lawyer who has witness the will was brought to be probated in Malaysia, which according to the lawyers in India that the will requires to be probated in the original country, we were advised otherwise. Malaysian court has informed us that the will needs to be probated in Punjab as all the property belonging to the deceased is there.
3) I want some expert legal advise as this matter has been going on for almost 20 yrs now.
ajay sethi
(Expert) 28 April 2014
Section 270 of the Succession Act, state that the probate of the Will of the estate of a deceased person may be granted by a Court in favour of a person applying for the same and stating that the testator at the time of his death had a fixed place of abode, or any property, whether moveable or immovable, within the jurisdiction of such Court.
since immoveable property is in Punjab file for probate in Punjab
Sharan
(Querist) 29 April 2014
Dear Sir,
Thank you for the reply. Could you suggest further what would be needed or measures to be taken for getting a probate in punjab.
ajay sethi
(Expert) 29 April 2014
contact local lawyer in punjab .he will file petition for probate of will
Sharan
(Querist) 29 April 2014
Can you suggest anyone in Chandigarh or Mohali.
ajay sethi
(Expert) 29 April 2014
Mr Asish Davesar practising in changigarh
Sharan
(Querist) 29 April 2014
Thank you. Any contact info, please.
