PROBATE
SATISH KUMAR
(Querist) 31 January 2010
This query is : Resolved
Sir,
Plz tell me what are all the steps involved in getting Probate of the Will.The will is registered. What documents are required to be attached with the petition/application? what is the court fee payable and under which act/section for property valuing Rs.30 lacs in new delhi? normally how much time it wud take to get probate from the court? is state also to be made party to the proceedings ? Do we have to file a complete Petition or it will be just two three pages application.kindly advise all the minor aspects of getting the probate.
regards,
your's truly,
satish kumar
R.R. KRISHNAA
(Expert) 31 January 2010
You have to add all necessary and interested parties/legal heirs in the probate application. State is not a necessary party. If it is city property probate is required, otherwise not necessary. Since you say that the property is in New Delhi, probate is required. Court fee varies from state to state. Time to obtain probate order is not specific. Time will a lot depend on anybody (legal heir/interested party) contesting your application of probate. If there is no contest, you may obtain the probate order early or otherwise it may take few years. You may contact an advocate in delhi and proceed further.
Raj Kumar Makkad
(Expert) 31 January 2010
Agree with Krishnaa. Additionally the rate of court fee in the matters of probate in Delhi is 3% of the value of the properties to be succeeded.
