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Jatinder   30 November 2015

Probate of a will

Hi,

My father made a WILL (on A4 paper) that got registered in the sec 12 district court of Faridabad on 16 Oct 2015.  He himself was present alongwith 2 witnesses for signature, picture and biometric.  My father expired on 11 Nov 2015 leaving his wife, a son (myself) and my younger sister behind.  He has 2 properties, One in Nasik that he has named to my sister and a flat in Greater Noida in my name.  Rest (cash / Jewelry etc) will be in my mother’s name.  I have following questions:

  1. We 3 (mother, sister and myself) in the family fully support his WILL and don’t have any dispute, shall we still pursue the process of Probate?
  2. Incase we don’t probate a WILL and if we want to sell the property then can we do so as the owners (as per the registered Will)
  3. How long process takes to Probate a WILL and how much approx. an advocate charge?
  4. I heard that we will have to hire an evaluator so that 3% of the property can be deposited in the court? Is this true?
  5. Is it mandatory for the both the witnesses and 3 of us family members to be present in person in court whenever called?  I am mostly traveling and working in another city hence checking.
  6. One out of 2 witnesses is the advocate who drafted the WILL, he might not come as a witness if we hire another advocate, will this be a problem in getting the probate executed? If not then can you help us in connecting with an advocate from Faridabad district court who can help us in taking this to closure (pls share fees as well)?
  7. Do I and my sister have legal right to deal with the tenants of the respective properties as the heirs of father (property owner)?

Thanks a lot in advance for your time and help

Regards

Jatin



Learning

 5 Replies

saravanan s (legal advisor)     30 November 2015

Since the will is registered you need not probate the will and moreover probate is compulsory only if the property is located  in areas which come under jurisdictional limit of highcourt of chennai.mumbai and kolkata


(Guest)
Probate of will is best option.

Laxmi Kant Joshi (Advocate )     30 November 2015

If you had no disputes among yourself on the will and the will is registered one,there is no need to probate the will in faridabad, but you need to probate the will for the property located in maharashtra, because in maharashtra to probate a will is compulsary.

Jatinder   30 November 2015

thanks for the prompt responses...to Saravanan's point...One of the property is located in Nasik...do we have to file probate in Nasik court or if probate is done at faridabad district court then that would suffice? We are residing in Faridabad and father's will is registered in faridabad court only.

Is it true that 3% of the property is to be deposited in the court? will court assign an evaluater...how it works since property is in Nasik (Maharashtra), Greater Noida (UP)

Thanks

Jatin

Jatin


(Guest)
will should be probated from same district where it is registered. Probate is applicable all over India. Court fee is of course needed to be paid to court as per current schedule on assessable value of property.

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