• Inheritance and probate of will

My father expired in 1999 and my mother expired in 2014 leaving behind individual wills stating I'm the sole heir to their flat which was jointly registered in their name . I have a sister who doesn't have any objection to the will. I need to get the will probated.
Q1) . Current value of flat is above 3cr. What would be the court fee and stamp duty payable. 
Q2) will the valuation at the time of death be considered for the above.
Q3) where will this application filed. City civil court or high court
Q4) rough idea of expenses involved

Thanking in anticipation of quick reply
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1) court fees is state subject and varies from state to state

2) in mahrashtra maximum court fees for probate is Rs 75000

3) local lawyer can guide you as to court fees payable and court wherein testamentary petition for probate has to be filed

4) it should not take more than 6 months

5) total cost should not exceed Rs 2 lakhs

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

the maximum court fees for probate of will in west bengal is Rs 50,000

2) there is no stamp duty payable on probate of will

3) valuation at time of application for probate would be considered for determining court fees

4) you and your sister would be required to make around 3 appearances in court .

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. You shall have to pay the maximum amount of stamp duty being Rs.50 k while applying for the probate.

2. The valuation will be of current date for fixing the stamp duty.

3. It depends on where your property is located. You can of course file the application for probate before the high Court at Calcutta.

4. The total expenses including lawyers fees for filing the probate and appearance on the dates of hearings, stamp duty and other various court expenses will be around Rs.1.40 lakhs excluding the expenses for releasing paper advertisement which shall have to be borne by you at actual.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. It is difficult to predict how many times your sister shall have to appear before the Court.

2. It all depends on the wish of the Court.

3. However, you can expect it to be one if every thing proceeds normally.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. For grant of Probate court fees is fixed at rs.50,000/-.

2. No

3.High Court

4.If you seek my assistance I would charge Rs. 80,0000/- to complete the whole procedure.

Once once or twice the presence of your sister is required.

Feel free to contact me for this job at [deleted].

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. This should be answered by a Kolkata based lawyer alone.

2, For the purposes of computation of court fee the value at which the property is registered in the sale deed has to be considered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. it is mandatory to obtain probate of the will in the presidency towns namely Kolkata, Mumbai and Chennai.

Therefore to enforce will you can obtain probate.

If there are only two legal heirs to the deceased and your sister is willing to relinquish her rights, then you may get a registered release deed execute by her in your favor relinquishing her rights in the property.

This will help you tide over the crisis to pay the stamp duty to get the will probated by avoiding the subject probate itself.

2. The market value of the property as per the government guidelines will be taken into consideration.

3. The city civil court if the value is within its pecuniary jurisdiction.

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4. Enquire it locally since it is a local subject.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

This is public forum and the advocate of this forum shall give their opinion or comments, if you are so particular on Kolkata based advocates' opinion alone then you should not have chosen an All india based forum like this and you cannot restrict anyone from passing their comments, if you dont like the comments/opinions of other lawyers you may ignore their opinions. You can choose only those opinions which appease you are suiting your taste or is as per your desire.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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