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babu lal (Clerk)     08 February 2011

Need advise for taking Probate

Dear all,

First let me say you a small introduction about me . I live in kolkata Lake Town . I am working in a private company in ordinary position . That is why I don´t have enough ability to afford a lawyer consultancy regarding this . Now about the problem . My father died last year  and he kept a house . Now we are 3 sisters and one brother. My father make his last WILL in my name . The property my father did by all his own earned money . Now I need to take probate . So I need the answer of several questions if you anybody can help me kindly . First questions can sisters claim the property in court during Probate ? My second questions my father was having 2 witness . But within 2 witnesses one died it was lawyer who prepare this WILL . Second one is my father´s close friend . Now one witness died and another witness is ill . In this situation if the court ask the witness to appear in th court then what to do ? Third questions 2 sisters are not wishing to claim only one sister and her husband are pressring me always . So if the oppose then will the court go on their favour or to mine . Please anybody can suggest anything for this .

Also another matter the land was registered in my fathers name when he purchased . I have those orginal sale deed in my custody . Will I need again to re register or exactly what is the stamp duty here and how much money to pay  for Kolkata Jurisdiction. For appealing probate is there any fees to pay to the court.Please could you also explain that in brief.
 



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 4 Replies


(Guest)

one thing bear in mind if you have property you have to spend money for the maintenance of the property.

coming to the question

if the will is registered the probate will be easy to prove and get. if not it will get time and much efforts to prove

if your sister can file a suit for partition to get her share. you have to face it

proving of will is left with the advocate you appoint for the probate 

regarding the Court fees and other details ask a kolkata advocate of your choice (it will vary from state to state)

better consult your local lawyer in this matter with any reference

S. CHANDRAKANTH (ENGINEER)     01 March 2011

Mr. Babulal, Probate is a long journey to reach your goal.  Since you have witnesses of your father's will, you can proceed for probate otherwise ( no witnesses) only Letter of administration is possible.  The procedure is long, give advertisement in the leading/local newspapers and issue notices to all your brothers/sisters and require their opinion about probate of this property in your favor.  If anyone objects, then the delay is based on their counsel's representation of the matter. If no one turned to the court , you will find it very easily to obtain probate.  You have to go to the courst to witness yourself for the property.  If objection is seems to right then you have to share the land with them.  Minimum it will take 2 years for no objection condition and with any objection the period will be ------?

1 Like

S. CHANDRAKANTH (ENGINEER)     01 March 2011

Mr. Babulal, first of all, if the property was bought on your father's own earnings, then your father has right to give his property to anyone without other's  consent. But for this also, you have suppose to prove that the property has been bought on by your father on his own  money

1 Like

babu lal (Clerk)     04 March 2012

Hello Chandrakanth thanks lots for your valuable informations . But is there noway how to get the Probate by the WILL .As in the WILL my father clearly state the my Property I am giving to my only SON . Yes I am spending money for the maintanance . Also my another question currently my elder sister who is opposing this WILL is staying in that Property . Can I any how make her out from there . As she is Married .

 

other 2 sisters are agree to give that Property to me . So what will be my standpoint in this situation .

Sorry for late response again thanks for the help .


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