Probate.
Querist :
Anonymous
(Querist) 22 January 2010
This query is : Resolved
Dear Experts of the forum,
Good Morning.
If original WILL is not found /Traceable/ Not interested to show in public by one of legatee (who is in possession of ORIGINAL WILL; It is a registered will), Can a copy obtained by from the Registrar's office be used for PROBATING purpose? If yes What will be the Expenses? Court fees as it involves lot of properties , but almost all property is sold by the one of the legatee!?
Pl.Note: I have obtained a copy of Will from the Registrar. The Persons involved are Hindus and are from AP State.How can probate obtained in AP state? What is the court fee payable? if the value of the property, cash, etc. is not known how the stamp duty is determined? Who can file and how long does it take to obtain probate?
With regards,
Thanking you ALL EXPERTS, in anticipation of an early REPLY please.
R.R. KRISHNAA
(Expert) 22 January 2010
Under law only the original will is bound to be probated. Xerox or certified copy cannot be probated. If you are relying on certified copy of the will you have show the proof of being lost/hidden and make a statement(reason) before the court as to why you are not able to produce the original will and if the court is convinced with the reason, your will shall be probated subject to obejctions from other interested parties.
Fees varies from state to state.
prakash vathore
(Expert) 22 January 2010
if ur will is registered and u state in the petition that original is not treceble and u r producing the certified copy of the registered will then it will be ok.
in the bombay maximum court fees for the testamentary petition is 75,000/-
A V Vishal
(Expert) 22 January 2010
Mr Anonymous,
Let's keep the issue of probate of a registered will aside for a while and discuss who can execute it, as per law a probate can be granted only to an executor appointed under a Will. In your query you haven't mentioned who the executor is, only the executor can apply for a probate. Hence clarify for further advise.
Querist :
Anonymous
(Querist) 22 January 2010
Dear Sir/s,
The will do not nominated any executor. It contains only names of legatees! I am the one of the legatees GPA holder.
By the way i have one more doubt, (this nothing to do with above will),Is it necessary the codicil to the will should also have attesting witnesses , if yes the same witnesses who had signed the will, only have to be witnesses to the codicil also?
With regards.
A V Vishal
(Expert) 22 January 2010
In the event a person dies and the Will does not name any executor, an application can be filed in the courts of law for grant of probate.Under the Indian Succession Act, 1925, a LoA can be granted to any person entitled to the whole or any part of the estate of the deceased person. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.
The codicil also needs to be attested by any two witnesses by or any other person other than those who witnessed the will, however if the will is registered than the codicil also needs to be registered.
