PROBATING THE WILL

BADARI (Querist) 02 July 2009 This query is : Resolved
DEAR FRIENDS,

THE EXECUTER OF THE WILL HAS EXPIRED AROUND 22 YEARS BACK. NOW WE WOULD LIKE TO PROBATE THE WILL. CAN IT BE DONE. IF YES WHAT IS THE PROCEEDURE.

REGARDS.

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sanjeev murthy desai (Expert) 02 July 2009
Dear Badari,

There is no limitation to probate the will under the Indian succession Act.

Manish Raghav (Expert) 02 July 2009
Hi
File the application for the probate before the court along with application for appointing a executor of the will by citing that the executor of the will has died supported by the documents.

A V Vishal (Expert) 02 July 2009
Dear Badri,

There is no limitation for grant of letters of administration or probate. Where the estate is in the possession of administrator there is no question of the Probate Court delivering the possession to him but the probate will be decisive only with regard to the genuineness of the Will propounded and the right of the executor to represent the estate.

A petition has to be filed before the Principal Court of Original Jurisdiction or before the Hon'ble High Court under Section 374 of the Indian Succession Act. The Court in question will issue the court notices at the initial stage and a paper publication will be caused besides a Gazette publication as well. In case such a petition is contested, it will be converted into a regular suit and upon contest the same will be disposed off, by delivering the judgment and decree, in accordance with law.