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Rohit Sharma (Advocate)     14 January 2010

Original will

Whether the original Will is required to be annexed to the petition or not?



Learning

 9 Replies

A V Vishal (Advocate)     14 January 2010

Yes, the will in question needs to be annexed along with the petition for probate.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 January 2010

NO. NOT FILE XEROX COPY.

at court, when your turn will come - show it ( original).

subhash kumar (advocate)     15 January 2010

dear, as per ammended C.P.C you have to file the original documents alongwith the petition

subhash kumar, adv

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 January 2010

under what sec of cpc?

Suresh CSLLM (Service)     15 January 2010

It is long lasting practise to submit the original WILL to the court and after completing procedure, the Court will issue certified copy of the same WILL. Original is remain with the Court.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     15 January 2010

if a dispute arose about the property, you have to file a petition claiming that you are the real owner of the property as per the will. in this case you need not to attach original copy of the will but photocopy so tha t your petition is accept by the court. if it is accepted then court will issue to the other party, then replywill be filed. it is only at the evidence stage you have show original of the will.

girishankar (manager)     16 January 2010

Dear sir,

If the will is not accepted by the court will they return our will. If not how to get it back ?

girishankar (manager)     16 January 2010

Original Will not xerox

rajkumar.vnm.marupeddi (advocate)     24 January 2010

Mr, Rohit,

To win the confidence of the Honorable Court and to prove your bonafides, you should file Original WILL at the time of filing your suit or petition. you can take return of the said Original WILL after the disposal of your case. In the mean time, if you feel that original WILL is necessary for other urgent purposes, with  the permission of the Court, you can obtain a Certified copy of the said WILL from the Court and substitue the same with the Original WILL by assigning good reasons and take return of the original WILL with  an undeRtaking to produce the same whenever it is ordered by Court or whenever you are under legal obligation to produce the same during the course of trail proceedings.


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