Will

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
My Hindu grandfather had a will registered with the Sub Registrar of Assurances for property in the metro area where probate is required. He died 30 years ago. The witnesses and executors to the will have also died. But his will was never probated.
Can it be done now or can I or someone else obtain letters of administration to carry out his wishes or is the limitation period over and this now cannot be done? What does the law say in such cases?

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Devajyoti Barman (Expert) 18 October 2011
The process of getting or nature of both Probate and Letters of Administration is same.

You should apply for Probate if name of the executor is there or else LoA needs to be obtained.

There is no time limit of such application nor the death of the witnesses make any difference.

ajay sethi (Expert) 18 October 2011
what were you doing for 30 years?
when did you discover about will of your grandfather?

what about the beneficiaries are they dead or alive?

although there is no time limit provided for probate the fact that executor has died and witnesses are dead will make it diffcilt to prove the will .

Raj Kumar Makkad (Expert) 18 October 2011
Visit the following link available in LCI wherein a famous case similar to you has been discussed in detail:

http://www.lawyersclubindia.com/judiciary/Limitation-for-Probate-amp-LoA-of-a-Will-165.asp

prabhakar singh (Expert) 19 October 2011
I think that in cases of grant of probate/LoA

where no limitation is provided specifically

the residuary article of limitation which

speaks of 03years from date of right to apply

may get attracted in your case.Hence you need

a very finely tuned lawyer.