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(Querist) 31 December 2010 This query is : Resolved 
RESPECTED SIR,

1) my father had made a willin the names of 4 sons on 10th may 2006.he had expired on 8th nov 2009 but we have not probate the will as on date.

2)is it possible that from four of us any one can probate the will or all four is required to probate the will .

3)we have given our one property on rent for 11 months with proper agreement the time period is over now he is not ready to vacant the premises so he is forcing to continue renewal the agreement but we dont want to continue pls suggest us what to do in this case.

4)is there is maximum limt stampduty on the probhition of will.
WISHES YOU A VERY HAPPY NEW YEAR .
THANKS AND REGARDS
Sri Vijayan.A (Expert) 31 December 2010
1.OK
2.If practically possible, all the 4 can.
3. U can make negotiation on the rent, if u wish, otherwise u can compel him to quit the premisis
4. Prohibition?
Chanchal Nag Chowdhury (Expert) 01 January 2011
1.Not a problem till all brothers are acting jointly or at least not at cross-purpose.
2.Only one Probate is possible. The application has to be made by the person named as Executor in the Will.
3.Take legal action against him for his eviction--the absence of probate is immaterial as U R natural successors anyway.
4.It varies from State to State. Check locally.
tushar (Expert) 03 January 2011
if the property lies in metropolitian city probate is compulsory
one can filed the probate application in court but all beneficaries ought to have signed the said application then one can signed affivadit in support for the same application and attained the court


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