Probate of will
Madison
(Querist) 06 July 2008
This query is : Resolved
My father has left behind a will in my mother's favour covering a residential building. The will is registered at Bangalore. The will is yet to be probated.
My queries are:
1. Is there a time frame for obtaining probate of the will?
2. Can my mother make a will of the property in favour of her children on the basis of the will left behind by my late father which is not probated?
3. Is it necessary for probating the will during the life time of my mother.
Please reply at the earliest.
KamalNayanSaxena
(Expert) 06 July 2008
Firstly, what the status is provided to your mother through will? is an exicutor or administrator or beneficiary?
In case of executor or administrator letter of probate or letter of admiistration is required, otherwise not. Please refer to s.211, 213 and 57 of Succession Act, 1925.
The grant of probate establishes the genuineness of the Will and the person in whose favour the probate is granted is entitled to convey the title arising out of the Will probated by the Court.
several Indian enactments, for instance, the Succession Act, the Probate and Administration Act, the Land Acquisition Act and the Provincial Insolvency Act, prescribe no period within which such application might be filed.
If the property is self earn property of your father and unrestricted righs nave been conveyed to to your mother by virtue of will, your mother is capable to execute 'Will'
arunprakaash.m.
(Expert) 07 July 2008
Law says that within fourteen day of the demise of the testator the legatee has to file the probate application. IT should be filed by your mother.
H. S. Thukral
(Expert) 07 July 2008
Which law provides 14 days time to file probate of the Will?
SANJAY DIXIT
(Expert) 16 July 2008
S.293 of Indian Succession Act,1925 says:--Time for grant of probate and administration.- No probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall 148 be granted until after the expiration of fourteen clear days, from the day of the testator or intestate's death.
SANJAY DIXIT
(Expert) 19 July 2008
Dear Madison,
Pls. go thr the case of Supreme Court, which says the time pd. is 3 years.
CASE NO.:
Appeal (civil) 2464 of 2008
Kunvarjeet Singh Khandpur .... vs ....
Kirandeep Kaur & Ors
DATE OF JUDGMENT: 03/04/2008
For full judgment go thr the 'judiciary' section of this site.
