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Nitin (Manager)     02 April 2016

Time limit for probate

Respected Members,
Section 293 of the Indian Succession Act, 1925 says 

"293. Time for grant of probate and administration.-No probate of
a will shall be granted until after the expiration of seven clear
days, and no letters of administration shall
be granted until after the expiration of fourteen clear days, from the
day of the testator or intestate's death."

It implies that after death of testator, executor of will has a time limit of 7 days/14 days but not after that. Then How u all the guys favour the time limit of 3 years or "no time limit" for probate.
Please discuss.
Regards,



Learning

 11 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 April 2016

Sir,

 

No time limit to get the Will probated.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Siva (IT)     06 April 2016

Dear Kapil sir,

I have a question. Though there is no time limit for the WILL, the beneficiary brings the WILL after certain years (let us say 10 years) after the death of the testater. It is a self acquired property of testator. WILL is registered, but not probated. Meanwhile the property was sold to third party by the successor. Can the beneficiary go to court and ask for probate? Can he win the probate? What is the situation of the third person who purchased the property?

 

 

Siva (IT)     07 April 2016

Dear sir,

Here are additional details

First ---  All the legal heirs sold the property in 2007 to a third person. I have purchased property from the third person in 2010. Case is going on from 2011. I have filed the suit for eviction with injunction in 2011.

Second -- Beneficiary in the WILL is not legal heir to the property. He occupied the property after I purchased. 

Third --- All the legal heirs sold the property in 2007 to a third person. I have purchased property from the third person in 2010. Case is going on from 2011. I have filed the suit in 2011.

Fourth ---- WILL is registered in 1999. Property owner who wrote the WILL died in 2000. Property owner was illiterate. WILL is typed one. So thumb impression of the property owner is in the WILL. He couldn't show the original WILL. Since it is registered, he took the copy from sub registarar office. It is not probated. He tries to prove that he is in possession of the property from 2000 and legal heirs sold the property illegaly.   

Can the limitation act come to the picture here..I am in a situation to prove that the WILL is fake one. Can you please throw some lights


(Guest)

1) What are evidence from 2007 that property is indeed physically with third person ? Change in Electricity record, society record ,etc. this will play a cruicial role in case .

2)  I hope in 2010 you did registrerd deed and paid proper stamp duty ? Additional how many days months you where in possession of property

3) Beneficiary of will is not legal heir of property then next question how he occupied properrty after you purchased whether you started even criminal proceeding or only civil proceeding and civil proceeding under which act sec

4) See will can be challenged on various grounds . So require to analysis it separately

5) Limitation act can come in picture not against will but for suit which you claim property etc. that person will try to show he is in possession from 2000 and you have to prove he is not in possession for 3 years before filling suit and even if he entered he entered illegally and then claimed he was in possesssion from 2000

Siva (IT)     07 April 2016

Dear sir,

Thanks.

1. I have proof of registered sale deed, change of name in electricity board and all revenue records (Khatha/Patta/Chitta etc..) from 2007.

2. Yes, I did registered sale deed with proper sale stamp duty. I was in possession of two months. I changed revenue records to my name in 2010.

3. He is a political influential person. I am new to the place. He encroached the property and not allowing us to enter in inside the property.

One more thing, I forgot to mention. WILL beneficiary's parents (both father and mother) entered into a registered agreement with legal heirs for purchasing the same land in 2004 and cancelled in 2006. It is in EC. I have shown all the proof to court.

I have submitted the proof of revenue records from 2000 to till 2010.  

 

 

Siva (IT)     13 April 2016

Dear sir, I have a question.

I have submitted all the documentary evidences like revenue records like Patta/Chitta/Adangal, title deed, EC, electricity bill for the last 20 years.

Person having WILL doesn't have any proof other than WILL copy. He doesn't have original copy. WILL is a registered one. He has brought his neighbour for oral evidence that he is in possession of the land. He is framing evidences. No documentary evidences. Since WILL has no time limit, he tries to prove that he is in possession based on the WILL copy. Note the WILL is not probated.

Will court agree on the oral evidences than the documentarty evidences? Which one will be taken by court?

Please respond.   


(Guest)

1) Tough to ans. 

2) Whether he brought Certified will copy and submitted to Court from registrar office 

3) Whether this will was admitted as evidence by Court

4) Ask this question to your Advocate and tell

5) In one case Judge refused to take certified copy of Will on record (Although there was no dispuite) still I put it so other party won't find any stupid loop hole
 

6) Why Judge rejected to take certified copy will copy on record in my case not sure required to study properly because that time , I was not that much concern regarding that will copy in my case. 

7) May be there may be some valid reason , Tell your advocate to check whether Point 5 whether it has been marked as evidence on record or not and also tell to him about my case that Certified will was not admitted as evidence in my case . (May be some SC Judgement etc. which Judge may have remebered that time ) 

 


(Guest)

Sorry long thread


(Guest)

Sorry Wrong thread

Siva (IT)     22 April 2016

Thanks Madhu sir. You advice/suggestions/tips are always helpful. In my case, original WILL was destroyed by testator in 1999. Testator died in 1999. Now, the person brings certified WILL and he is trying to prove that he has the possession of the property from 1999. He is not a legal heir also. I don't have proof to prove that the WILL was destroyed by testator. 

Do you have any judgment copy that the certified copy was not accepted by the court? Please let me know.


(Guest)

I need to study , but myself sure in my one case , Judge said I will not accept Certified copy under registration act to be endorsed as evidence in case (It was other case not Probate matter)

Same in your case it was  not Probate matter under (Indian Succession Act)

Who is Executor in that will ? Whether Probate was applied for that will ? 

 

 


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