probate of the will

Querist : Anonymous (Querist) 30 March 2011 This query is : Resolved
1. To apply for obtaining probate of the WILL IN MUMBAI

a. Executer has to apply or

b. Beneficiary also can apply

2. If both can apply what is better that who should apply?

a. especially in our case- jai (executor) or pradeep

3. Probate will be of the complete assets of the WILL or it can be of specific asset (like flat premises)?

4. Amount payable in the high court for obtaining the probate?

5. Format of the probate is printed (like forms) or it will be drafted by us (like, for filing the court suits)?

6. Amount of the Fee of the advocate for obtain the probate it will be one time or it will be in installments as per the progress.

7. Is it compulsory to declare all the assets of the WILL, if yes
a. current mkt. value

b. value as on the date of the will

c. purchase value.

8. Fresh consent/n.o.c of the heirs will be submitted or old notarized consents will also do?

9. If unable to submit the fresh consent than what will be the procedure of the court?

10. If objection raised by any one legal heirs and other remaining legal heirs give their consent for the probate than what will be the strength in the matter (generally) and will the matter will convert into the suit?

11. Is it compulsory to submit the consent of the witnesses of the WILL, if failed to submit due to the non co-operation of the witness than what will be the procedure?

12. Out of two witnesses if one witness died, so will there be any effect on the procedure of the probate?

13. What will happen?
a. if witness is not giving the consent
b. not coming personally in to the court even after court issue the summon/order
14. If one of the heir challenges the WILL saying that the WILL is false and bogus than:
a. will the procedure convert into the suit?
17. If any heir challenges the will than
a. person who has applied for the probate is to prove that the WILL is valid o
b. the person who has challenged the WILL has to prove that the will is false
18. Do the notarized consents of all the legal heirs in relation with the acceptance of the WILL are sufficient in the court for saying that the will is true and valid (generally)?
19. In the normal course suppose no body is taking the objection than how much period of time probate will take?
20. If one of the legal heir challenges the WILL than about how much time court will take to complete the matter?
21. Which cases are running at present in the court?
22. Is there any charges or fees that the challenger has to pay for challenging the WILL?
23. Do the daughters will also participate in the distribution of the assets?
a. self owned H.U.F property
b. self owned land lord system property.
24. If any legal heir takes the objection than can the executor or other beneficiary suggest the court about the distribution of equal share of the assets of the WILL?
25. If court has accepted the suggestion of equal share than what will be the course of
a. property/assets already disposed off/sold-out.(it will not be counted or if counted than at current market rate or at the disposed rate.)
26. if equal share than what will be the valuation of the assets
a. current market rate.
b. valued as on the date of the WILL.
c. purchased rate
27. About how much the time will be taken in case of equal share
a. it will be faster than the fight against the challenge or it will make delay
28. In our case our elder brother may object for the probate than is it advisable to us to suggest to the court for equal share or fight against the challenge (the equal share our brother may get almost equal share compare to the share which he is getting as per the WILL.
29. Applicant of the probate if has notarized consent of all the legal heirs than how much the strength he has in the process.
30. If any heir has transferred the asset in his name as per the will, even though he can challenge the will if yes than what will be strength of his objection raised?
31. If court agrees on the equal share than what will be the mode of distribution of the assets
a. as per ready reckoner of the property
b. valuation quoted by the legal heirs and accepted by the other legal heirs.
c. if the legal heirs are not agreed for the valuation, among them than is it possible to do the auction for the valuation among the legal heirs.
d. highest valuation quoted by the legal heir will be accepted by the court.
32. What is the role of law of limitation in this process of probate?
a. for the challenger-
b. for the executor to take the probate
30. Is it advisable for the executor to apply for the probate when legal proceeding is going on with other legal heir (who may challenge the will) in the other court?
33.Will the conduct of the objector will be seen by the court,
a. like in our case the one of the legal heir (who may challenge the will) has done some forged activities and which are also established

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