Probate
AK New Delhi
(Querist) 10 May 2013
This query is : Resolved
Sir,
My aunt living in delhi recently lost her husband and is blessed with two married daughters. The daughters have relinquished their rights in favour of their mother.
The Husband owned a flat in south delhi for which the probate was granted by a delhi court in favour of the aunt as per his will.
Accordingly a surety of a sum of Rs 50 lacs had been demanded by the court for a period of one year.
I have a few questions,
1. Does the surety have to be from delhi only or he can be from outside delhi?
2. What will be the criteria for admitting the surety? Does he need to give income proof or the assets proof etc.
3. In case if a property is given as surety by a person, will the court keep the original papers of the property or it will just endorse on the papers. or none of the above?
4. After one year how will the surety withdraw his surety from the court?
5. Can a FD be given as surety by the aunt?
ajay sethi
(Expert) 10 May 2013
make enquirers with the testamentary department of the concerned court . asset proof of surety should suffice . surety should preferably be from delhi .
