Jayanta Bandyopadhyay 24 July 2023

Will to probate-death of witnesses to will

After 2 years long process, hearing at evidence stage is scheduled at District Court. Out of 4 witnesses, 3 passed away & one is 90 years plus. No death certificate will be given by their families. My sister already gave NOC. How to proceed with? Please guide. I am from West Bengal regards

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Quick Summary

This discussion concerns a probate case in West Bengal where three out of four witnesses to a father's 1986 will have passed away, and the remaining witness is elderly. The court is at the evidence stage, and obtaining death certificates is proving difficult. The original poster is seeking guidance on how to proceed, considering alternatives like a gift deed with their sister's consent.

2 Replies

P. Venu (Advocate) 24 July 2023

You have not posted the material facts. Whose Will? Who are the beneficiaries? Why 4 witnesses?

It is not always the case that a Will needs to be probated.

Jayanta Bandyopadhyay 24 July 2023

Sir,

Father, while alive, executed will in 1986 [ witnessed by 4 persons] but passed away in 2011. Mother expired in 2021 due to covid. Due to my ongoing chemo treatment, I could not concentrate.it is now at evidence stage. Today one suggested to explore gift deed as my sister will give her consent. Pl guide. It is Howrah court