Probate of will
Rama mohan Acharya
(Querist) 29 March 2010
This query is : Resolved
What is exactly probate? It is necessary to establish the genuiness of a will?
A Will written in the year 1934 in plain paper with signature of the witnesses. Unfortunately nobody is alive. Now the will need to be estalished . What can be the ways out?
Sukhija
(Expert) 29 March 2010
r legal heirs disputing the will?
bhagwat patil
(Expert) 29 March 2010
if legal heirs have no objection it is rather simple.
niranjan
(Expert) 29 March 2010
If will is not executed in cities like bombay,madras,calcutta the probate is not necessary.
Raj Kumar Makkad
(Expert) 29 March 2010
A will has to be proved before proper court of law supported by the attesting witnesses and this is the meaning and aim of probate. There are various factors which are to be taken by court in consideration while disposing such matters viz. whether that was the last will?
Whether there was any previous will and if yes then its fate?
Whether the will was executed in free mind and health in the presence of attesting witnesses or not?
Whether the scribe has mentioned true and exact properties or not and whether he was owner of those properties at the time of execution of will or not?
Whether was will was about self acquired property or otherwise?
The terms of will etc.
In your case all the attesting witnesses have died as the will pertains to 1934. Here question shall arise when did you know about this will and why did you remained silent till to date?
Law of limitation and changed status of properties mentioned therein shall definitely come in the way.
You can get the signature of the witnesses compared from some other document, if available otherwise there is least hope to succed in your case.
Parveen Kr. Aggarwal
(Expert) 30 March 2010
Section 90 of the Indian Evidence Act, 1872:
"90. Presumption as to documents thirty years old :- Where any document, purporting or proved to be thirty years old is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the hand writing of any particular person, is in that person's hand writing, and in the case of document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation - Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin or if the circumstances of the particular case are such as to render such an origin probable."
Parthasarathi Loganathan
(Expert) 29 March 2010
