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Jayanti Devi (Student)     24 August 2018

Probate of will

If the execcutor has not obtained the probate of a will for past 10 years, then how to obtain the probate of a will ?

 

 



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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     24 August 2018

Dear querist,

There is no time limit for applying for probate.

You can make application now, generally within three years probate should be made. You need to satisfy court why you delayed.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Aks   26 August 2018

Mr Joshi is correct.  There is no time limit to get Will probated.  If executor has not filed for probate of Will for such a long time, you, as beneficiary can file for Letter of administartion with Will annexed under section 276/78 indian succession act.   It usually takes about 6 to 8 months if other legal heirs donot come to fight against the Will.  If they come to fight,and dispute the Will , it can take 1 to 3 years .


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