Duration of probate
milind phope
(Querist) 26 May 2012
This query is : Resolved
our house is on society leased plot,which was on mothers name.After my mother's sad demise ,Myself and my sister,we both are the only legal heirs....Sister is in possession of this property as I am posted outstation on transfer.
Now sister has pulled out mother's WILL suddenly from nowhere and submmitted it to society because in the, WILL mother has given entire property to my sister....Every body knows that ,the WILL is null and voied for certain reasons....Considering my equal claim submmitted,Society has asked my sister to obtain "Probate or letter of administration from civil court.
Since my sister is in possession of the property,she will not be planning to go for probate,fearing the heavy stamp-duty.Now society is not making both of us, members of the society without probate..... Altimately,I am the sufferror....My sister ( is in possession) and the society will keep mum for ever, (Lease is for 999 years).
Is there any law that,the probate has to be taken within so many days for regulerising our claim by society.Otherwise the bottleneck will remain for 999 years.Is it so.????????????
Adv.R.P.Chugh
(Expert) 26 May 2012
1. There is no time limit for filing a probate.
2. You initiate the suit for partition or joint possession.
J K Agrawal
(Expert) 27 May 2012
You file a suit for administration of property which cost less court fee (only 300/- Rupees. All the problems will be sort out soon.
If you go for succession certificate the court fee is around 3% of value of property.
milind phope
(Querist) 28 May 2012
What is administration of the property.?? sir
milind phope
(Querist) 28 May 2012
Adv.Agrawal sir and all the expert Adv. sir,
OK,I will file a suit for administration of the property but,
1)What is Administration of property ? and,....
2)On the other hand,if my sister goes to court for Letter of administration by submmitting, my mother's WILL,does the court gives me,a full hearing before issuing the letter of Administration to my sister ????
3)Meanwhile yesterday the "Tahasildar" of our property juridiction ( Tahasil),has put our both the names (me and my sister) on 7/12 extract of this property as the "Vaarasnond" in his register (after demise of my mother)...Now the 7/12 extract bares our both the names.What does this effect the situation now..?
Please let me have answers on these querries,I will by much obliged sir.
Shonee Kapoor
(Expert) 29 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
milind phope
(Querist) 29 May 2012
Is it so ? Mr.Shonee Kapoor..As you say sir..............
