probate fees&time to get orders
AJIT KAWATKAR
(Querist) 04 June 2009
This query is : Resolved
this is related to my relative.:-mother of 2married daughters died in 1999 leaving a WILL with 2Executors(1-died in 2001)where as the movables were divided amoung the 2heirs ;the immovable one is still to be divided/disposed off.by nomination the share certificate stands jointly in the name of 2heirs.they now wants to sell the ppty.whether they can do it legally without Probate?what is the procedure; % cour fees;STAMPDUTY;ETC&TIME REQUIRE TO GET THE ORDERS?WHETHER LAWYER'S SERVICES IS A MUST?ANY RELIEF FOR WOMEN? IT IS IN MAHARASHTRA.
n.k.sarin
(Expert) 04 June 2009
Mr.Ajit/If both the heir are agree to sell their share and there is no dispute between them.Both the heir can sell the same even without probate.
Getting probate from the court it takes six month to one year in normal case.
Regarding stamp duty court fees, it depends market value of the property.
If you hire a services of a local lawyer it is in your interest.
Uma parameswaran
(Expert) 05 June 2009
Probate is the declaration of the competent court about the legality or correctness and genuiness of the WILL.So probate would be an advantage.U/s 212(2) of the Indian Succession Act, 1925, Hindu, Muslims, etc are not bound to apply for letters of Administration (probate).
