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minal   31 July 2022

time duration of petition for probate

how long will it take means time duration to finalise, if I file petition for probate of a will u/s 276. so tat flat can be transfered in our both sisters name as per will.

thanks in advance
Minal


Learning

 2 Replies

Swadha   12 August 2022

Probate can be applied for after 7 days of the death of the testator. The entire process of Probate of Will takes at least six to nine months to complete.

As per Section 276 of Indian Succession act (Petition for probate) (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will.

276. Petition for probate
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-

(a) the time of the testator's death,

(b) that the writing annexed is his last Will and testament,

(c) that it was duly executed,

(d) the amount of assets which are likely to come to the petitioner's hands, and

(e) when the application is for probate, that the petitioner is the executor named in the Will.

(2) In addition to these particulars, the petition shall further state,-

(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and

(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

Sudhir Kumar, Advocate (Advocate)     29 January 2023

what is the necessity to oppen so many threads on the same issue.


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