Where to apply for probate in Rajasthan
PANKAJ TIWARI
(Querist) 02 May 2015
This query is : Resolved
My father executed a will in my favour before 10 years and it was registered with sub registrar. The will stated that I will be the owner of one house, and his other movable and immovable assets.
Later on this year again he executed a will stating that the house will be equally distributed between me and my brother but there is no provision of distribution of other movable and immovable assets which he stated in his previous will and even it is not registered.
Besides his house, He had left one piece of land and some money in his saving account which is without nomination.
My question is that
1. Can I apply for probate because the new will is concerned with the house only and it has no provision of other assets whereas the old will is having the provision of house as well as other assets.
2.If yes then where to apply for probate. In district court orrajasthan high court.?
Dr J C Vashista
(Expert) 03 May 2015
Prima facie it is an academic query.
Probate cases are filed in district court.
What did your lawyer advise?
Rajendra K Goyal
(Expert) 03 May 2015
Later will is maintainable. Consult local lawyer and show him the language of last will. If nothing has been mentioned regarding other property, it would be inherited by all legal heirs.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
First of all state whether the Will has become enforceable?, i.e., whether your father is alive or not?, if not the Will made subsequently will over rule the previous one and you can go for probate of the same in the district court of your district.
