Hi,
My father made a WILL (on A4 paper) that got registered in the sec 12 district court of Faridabad on 16 Oct 2015. He himself was present alongwith 2 witnesses for signature, picture and biometric. My father expired on 11 Nov 2015 leaving his wife, a son (myself) and my younger sister behind. He has 2 properties, One in Nasik that he has named to my sister and a flat in Greater Noida in my name. Rest (cash / Jewelry etc) will be in my mother’s name. I have following questions:
- We 3 (mother, sister and myself) in the family fully support his WILL and don’t have any dispute, shall we still pursue the process of Probate?
- Incase we don’t probate a WILL and if we want to sell the property then can we do so as the owners (as per the registered Will)
- How long process takes to Probate a WILL and how much approx. an advocate charge?
- I heard that we will have to hire an evaluator so that 3% of the property can be deposited in the court? Is this true?
- Is it mandatory for the both the witnesses and 3 of us family members to be present in person in court whenever called? I am mostly traveling and working in another city hence checking.
- One out of 2 witnesses is the advocate who drafted the WILL, he might not come as a witness if we hire another advocate, will this be a problem in getting the probate executed? If not then can you help us in connecting with an advocate from Faridabad district court who can help us in taking this to closure (pls share fees as well)?
- Do I and my sister have legal right to deal with the tenants of the respective properties as the heirs of father (property owner)?
Thanks a lot in advance for your time and help
Regards
Jatin