Will probate

Gourab Sen (Querist) 15 May 2012 This query is : Resolved
My grandfather had made a registered will 25 yrs ago , I had only the certify copy not the original one.

Can I go for probate with certify copy of the will , where as my lawyer had told me to LOST WILL case need to be loged.kidly advice.

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ajay sethi (Expert) 15 May 2012
what were you doing for 25 years?
it does create doubt as to genuine ness of the will .

are attesting witness alive?

it would be difficult to prove will after 25 years

Gourab Sen (Querist) 15 May 2012
all witness are alive.......

Question is LOST WILL case is necessary or the certify copy is enough to get the probate..........

Kindly advice....

S Jadhav 98336 98330 (Expert) 15 May 2012
You may be able to obtain a copy from the Registrar but it seems difficult as it has been a long time.

If you do not have the original registered copy of the will then you will have to file the case for the lost will and after the inquiry report you may be able to apply for the probate on the basis of the certified copy.

But if there are contestants then the legal course will be lengthy.

Shonee Kapoor (Expert) 15 May 2012
You can file the case, the records can be summoned.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Gourab Sen (Querist) 15 May 2012
Certify copy from the registrar is there with me and it is issued after 2 months from date of registry of will.

Secondly can I get a original will from registrar office?

Kindly advice.

ashutosh mishra (Expert) 15 May 2012
Okay!Even if you have obtained the certified copy of the registered will,the same is a secondary evidence in law,a secondary evidence is accepted by the court only when party producing it satisfactorily proves that the original is either LOST or not in his custody.That is why your advocate has rightly opined to lodge a lost case of original.

No!Registrar office does not have original to give you.