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Gurdip Singh (Accountant)     27 October 2011

Probate of will

Our father's Will is being defied by one brother. He has grabbed the property and says go get the probate done. We learn that probate in Delhi is very expensive and time consuming.

 

Question is :

1. What is the exact court fee for getting Will probated ? The property is rsidential and in Delhi.

2. Can he argue against some stipulations in the Will ? Or if he accepts, he must accept in toto ?

3. What kind of appeals lie against probate ? ie ... how many higher courts can he go to in order to delay us getting our right ?



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2011

1. Only 1.5% of value.

 

2.  How can one anticipate about your brother. He can accept and can also object.

 

3. District Court, High Court and Supreme Court. Nne can anticipate about time to be consumed.

Kumar Doab (FIN)     01 August 2018

Any WILL can be constested.

If contested WILL lands up in Probate court of pecuniary jurisdiction.

Go thru HC rules..

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Generally will is challenged in the lower /trial court.

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