If the original will is lost , has never been probate. in this case is a photocopy acceptable . also, is there a time limit to get a will probate ? or is there no limitation.
Sameer Kumar (Banking) 14 November 2009
If the original will is lost , has never been probate. in this case is a photocopy acceptable . also, is there a time limit to get a will probate ? or is there no limitation.
Adv Archana Deshmukh (Practicing Advocate) 14 November 2009
Photocopy can be acceptable if you satisfy the court that the original is lost and examine the witnesses who can testify the execution of the WILL, and also the attesting witnesses to the original WILL.
k.kumar raja (advocate) 15 November 2009
both archana and sathya prakash atr corrcet
Sameer Kumar (Banking) 15 November 2009
Thanks for your replies, is there any time limit to get a will probate ? or is there a statute of limitations ?
Anil Agrawal (Retired) 05 December 2009
Yes or No OR Yes and No.
237. Probate of copy or draft of lost will.-When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.
238. Probate of contents of lost or destroyed will.-When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.
Anil Agrawal (Retired) 05 December 2009
If both the witnesses are also dead and original will not found? What evidence?
N.K.Assumi (Advocate) 13 December 2009
I am with Archana.
jayeshmankodi (Lawyer) 13 December 2009
Yes Photocopy of a will is acceptable in case of the original will is lost and court should be satisfied with that the original will is lost .
jayesh mankodi
Anil Agrawal (Retired) 13 December 2009
What are the parameters for court's satisfaction when:
1. Will written 20 years ago not probated by executor where testator, executor, witnesses are dead.
2. The beneficiary admitted existence of the will ten years ago yet no steps taken by him to probate it on the basis of the photocopy.
3. The beneficiary does not have original copy.
Raghav Sood (Lawyer) 19 December 2009
photocopy of the will cannot be eaccepted in evidence as it does not satisfy the requirement of secondary evidence under section 63 and 65 Evidence act
Raghav Sood (Lawyer) 19 December 2009
nor even if you plea that original is lost or destroyed
Nali Seshu Kumar (SOCIAL WORKER) 01 January 2010
photostat copy of will is not acceptable it would devoid the evidance act