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koustav sanyal   29 May 2017

To make a probate from a will made on a random paper

My grandfather written his will on a random paper that after the marriage of all his daughters, the legal heir of the property will be his son but if any daughter doesn't get married then she will have the ground floor to stay in the house and his son can stay upwards in the next floor....anyway all my aunts are married and well settledsettled So my question is Can I(son of only late son of my late grandfather) make a probate/succesion certificate/letters of administration of this property whole with this paper in my name??? And what is the proces and the cost & and what are the hurdles and difficultiesin this process Actually I'm thinking of selling the property & not willing to share with my 5 aunts(three died) & they pressurizing to give them equal share...SO WHAT IS THE SOLUTION IN FAVOUR OF ME & i'll entertain every solution....please advice me..if Anything is missing please ask me to clear the problem



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 6 Replies

Ms.Usha Kapoor (CEO)     29 May 2017

You file frandom piece of  paper in probate court if the cityg is Chennai. Kolkatta,Mumbai and Delhi in order to get a Probate to prove its genuineness.If it is any other city no need of probate.

Dr J C Vashista (Advocate)     29 May 2017

Show the document of will to a prudent local lawyer for proper appreciation of facts of the case, guidance and proceeding if there is some truth in your question (not query) which is prima facie an academic question.

koustav sanyal   29 May 2017

Ok thankyou but what is the procedure of this I mean what the lawyer & the court will actually do if I want to get probate. Will the court summon the other relatives too if the court doesn't approves the paper What I mean is that do I need any kind of no objection signature as the paper has a sign of my grandfather only......And I really want to know the process as i'm totally unknown to this...And is it a difficult work And how much time it will take approx

(Guest)

why are you posting multipe times and spam this forum>?

 


(Guest)
Originally posted by : koustav sanyal
Ok thankyou but what is the procedure of this I mean what the lawyer & the court will actually do if I want to get probate. Will the court summon the other relatives too if the court doesn't approves the paper What I mean is that do I need any kind of no objection signature as the paper has a sign of my grandfather only......And I really want to know the process as i'm totally unknown to this...And is it a difficult work And how much time it will take approx

where is the will?

Image result for will

paste it here.

Aks   29 May 2018

A Will can be hand written or typed...it doesnot matter...as long as it has:

(1) Signature and date of your Grandmother.

(2) Signatures and names of two attesting Witnesses

(3) Descripttion of assets and whom she wants to have what asset.

(3) She can only give the property which she owns legall at the time of her death..

Probate is a court process .where the genuineness of the Will is checked in the court by looking at the format of the Will, evidence of attesting Witnesess and so on.  If the court is satisfied that the Will is true and genuine...it may probate the Will by putting court seal and that makes the Will final and binding to the whole World...

you do need to speak to a lawyer about probate as he/she has to file petition in local court with Will and death certificate attached to it..


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