will
pathasarathy
(Querist) 21 October 2010
This query is : Resolved
In my mother in law's will, I am appointed as an EXECUTOR of the will.The property is in Chennai. She expired on 13-12-2009.Kindly let me know the time limit within which, I have to apply to the Highcourt so as to get the will probated.
Devajyoti Barman
(Expert) 21 October 2010
No time limit is prescribed for taking of probate. Unless the properties as mentioned the Will falls within different district if the state of TamilNadu you can apply for probate in the high court also. The proper court would be within whose jurisdiction the property mentioned in the Will situates.
niranjan
(Expert) 21 October 2010
I agree with learned Devjyotiji.
R.M.Bhaduri
(Expert) 22 October 2010
There is no time limit for filing Probate application as has been said by Mr. Devajyoti, although on the other hand for dispelling the suspicious circumstances there should be an explanation for the delay in filing the probate application by the propounder of the WILL.
Silabhadra Sastry Advocate
(Expert) 22 October 2010
Yes I am agreed with Mr.Devajyoti,but you should file the probate case as soon as possible to avoid future complicacy by any interested party,which may not permit your will probated and it becomes a contested suit.
Sri Vijayan.A
(Expert) 22 October 2010
1.In most cases, the fact of WILL may not be known to the Executor or the Beneficiary.
2.As such, there is no limitation for the probation.
3.As soon as possible, you should make steps/ arrangments to probate it.
4. The WILL can be probated in City Civil Court OR Thiruvallur District OR Kanchipuram District depends on location of the property.
5.Many Advocates are available in Chennai to guide you regarding probation of Chennai.
6.If anybody contests the contents of the WILL, it shall be become Suit.
So try to probate it.
pathasarathy
(Querist) 22 October 2010
I sincerely thanks one and all for your immediate reply.
