Probate
jach000019
(Querist) 29 December 2011
This query is : Resolved
(1)what is the procedure of applying probate in mumbai high court, it is simple or complicated
(2) an individual having the good knowledge of legal documents can apply himself for probate in the high court or for applying the probate, help of an advocate is must
(3)one of the advocate to ehom i have talked about the probate is demanding his fees rs.65000 is it reasonable for this kind of work because i am unable to pay this much of amount as fees.
(4)is the consent of all the legatees or beneficiary for probate is must or court will sent the notice to all the beneficiaries or will send to all the legal heirs.
(5) if court will send the notice to the legal heirs than what is the time limit of the notice.
(6)if heirs are living out of the mumbai
or out of the state than their notarized consent in relation with the Will from their living place is valid or not.
(7) if the executor not applying for the probate than how the other legatees can challenge the Will since right of probate lies only with the executor and on the basis of the notarized consents executor
has already distributed the properties of the Will to all beneficiaries and those properties have been already transferred and some of them have been sold out.
Devajyoti Barman
(Expert) 29 December 2011
1. Definitely complicated for a layman.
2. Any person having knowledge of law or not cam make his own case but it is not advisable.
3. Then approach another advocate. This amount is surely an exorbitant one.
4.Yes without written consent of all legal heirs Probate would not be granted so easily. If any of them contests it would become contentious and may take decade for final conclusion.
5. Court itself would fix the time.
6. Valid.
7.If the Executor does not apply for Probate then any of the beneficiaries may apply for Probate.
File injunction petition against further transfers.
prabhakar singh
(Expert) 29 December 2011
(1)complicated for a layman.
(2)There is no bar for any one to file or follow his case on his own by law but to do a case like that which requires several procedure one must be well versed with the High Courts'practice rules as well as a good degree of understanding of provisions relating to WILL and Grant of PROBATE contained in Indian Succession Act,1925.
(3)The demand seems exorbitant but fees is a matter from lawyer to lawyer.Look for some one else.
(4)Yes consent of all would be a necessity other wise if some one contest the will not genuine for any reason it shall take the shape of a suit and become a regular class of dispute from formal miscellaneous type.
(5)that would be fixed by court depending upon its' business.
(6)Valid.
(7)If the Executor does not apply for Probate then any of the beneficiaries may apply for LETTER OF ADMINISTRATION.File injunction petition FOR RESTRAINING anymore transfers.
Deepak Nair
(Expert) 29 December 2011
I endorse the views of Mr.barman & Prabhakar Sir
Rajeev Kumar
(Expert) 29 December 2011
I agree with the views of Barman and Prabhakar sir
Dr J C Vashista
(Expert) 01 January 2012
Rightly advised by experts.
I would like to add to it that there is a limit of filing objection i.e., within 30 days from date of service of notice/summons.
Take lawyer service, negotiate fees and/or change.
Generally speaking probate of will is required, when the testator did not mention the name of executor, for that Competent Court can appoint executor and issue Letter of Administration
