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RAVI KUMAR (PROPRIETOR)     18 September 2011

Validity of a probate

Dear sirs,

I would like to know the validity of a Probate.  That is , When a court issues a probate, what is the time frame in which one can challenge the will/codicil or probate itself.

My requirement is that I am intending to buy a property.  The property owner has inherited from his parents.  His parents have purchased the property from a party who in turn was inherited the property by way of a will and codicil and probate.  But none of the copies of the will/codicil or probate is availabe with the party.  The sale was done in1964.  The will and codil was dated 1930 and 1931.

Since the will copy and probate is not available, I wanted to know, whether anyone can stake a claim over the property?

Could anyone help me in this regards please.






 1 Replies

Advocate Vishnu (Advocate)     14 November 2011

Dear Ravikumar,

If the present owners have been in posession for more than 12 years from the date of previous sale, they have perfected the title by adverse possession and none can question the acquired title

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