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Probate procedure

Querist : Anonymous (Querist) 05 February 2011 This query is : Resolved 
Sir,

Kindly clarify the following :
(i) what is the detailed procedure and conditions requisite for probating a WILL in Delhi, made by testator who is deceased and died 20 years back?

(ii) whether there is any time limit for barring the probate of a will and whether there is an existing recent judgement of Supreme Court, High Court in this context barring the limitation alongwith case no. and year?

(iii) Can the other party probate the will dubiously without informing the other claimants / legal share holders of the suit property by even advertising in the local news papers and not letting the court summons reach the other party?

(iv) Shall the Court take cognizance of such a procedure without the presence of the other legal share holders and claimants in the probate procedure?

(v) Can affected party file a caviate in the probate court, before or after filling a probate case by the other party?

(vi) Will it be valid if the a blood related is the witness in the Will?

(vii) what shall be the course of action if one of the witness in the will has already deceased?

Uma parameswaran (Expert) 05 February 2011
2. No time limit

3. No

4.Court shall take as per the petition filed.

5.C aviate always file before the filing of suit.
6. Yes.
7.If one Witness deceased Court may consider other evidence.
Advocate. Arunagiri (Expert) 05 February 2011
Nothing to add to the reply of Ms.Uma.


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