Probate case of will while will maker is alive ?

Querist : Anonymous (Querist) 23 January 2011 This query is : Resolved
Sir
I am having title/ownership in a property on the basis of will,will maker is alive,i dont want to execute sale deed in my name as i am willing to save stamp duty,further i intends to get loan on above property,bank officials are insisting for probate from court,can i file a suit for probate as will maker is alive or probe suit is only maintainable when will maker expired.please help.Thankyou

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SANDEEP GOYAL (Expert) 23 January 2011
you can not file a suit for probate untill the will maker is alive. after his death you can file a probate petition in the court.will comes into the force when will maker is expired.

A V Vishal (Expert) 24 January 2011
Rightly advised by Sandeep, the operation of will comes into operation only upon death of the testator, hence you cannot get the bank loan on basis of the will.

V.Mahadevan (Expert) 24 January 2011
The querist is under an illusuion/ false notion to assume that he enjoys title to/ ownership of the property, which squarely and lawfully rests with the maker of the WILL, who is alive. The other related contentions are irrelevant to the main issue. Better that he seeks legal advice to rid of his notions.
mahadevan

Advocate. Arunagiri (Expert) 24 January 2011
It is a hypothetical query.

malipeddi jaggarao (Expert) 27 January 2011
No Banker will insist probate on this will. No loan can be sanctioned in your own name against the property mentioned in the will by the testator till he is alive.

Amit Minocha (Expert) 28 January 2011
you can not file a suit for probate untill the will maker is alive. Will comes into picture only after testator passes away

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