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Ravi Prasad (Student)     19 January 2010

What is the time limit to obtain probate

My father in law has made a will in the name of my wife and the same is registered. A suit is filed for eviction of the tenant who has accepted the ownership of my father in law. Is obtaining a probate must now that a suit is pending for eviction? What is the time limit for obtaining probate? The suit schedule property is in Bangalore which is not a presidency town.



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 5 Replies

Ravi Prasad (Student)     19 January 2010

Can a suit of probate filed during the pendency of a suit for eviction. The Khata is changed already into my wife's name on the basis of the registered will.

Ravi Prasad (Student)     19 January 2010

Any case law or citation for the issue that tenant cannot question the ownership issues in a suit for ejectment, when the will itself is not disputed by any legal heir.

Devajyoti Barman (Advocate)     19 January 2010

Filing of application for grant of Probate under Act iiiix has nothing to do with the suit for eviction. Your wife after the death of her father has come in the shoes of the landlord and even in absence of application for grant of Probate can safely pursue the suit for eviction nas the legal heir of erstwhile landlord.

There is no time limit for obtaining Probate.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 January 2010

 I AGREE WITH MR. BARMAN

amit (law student)     26 November 2010

my father died intestate, my mother died making a will leaving the property to my sister and my mentally retarted brother.The flat was bought from my fathers own earnings.

My mother did not buy the flat but bequeathed it from my father.My sister is not probating the will lest i should challenge it.

what should i do?

1) Challenge the will.

2) file partition suit.

30 any other remedy.

 

regds


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