• Probate of registered will

(A) One brother is claims the ownership of the property on the basis of duly registered WILL made by the Testator in 2016.

(B) Another brother is in possession of the same property by virtue of a Rent Agreement made by the Testator in 2013 and also claims the ownership of the same property on the basis of duly registered WILL made by the Testator in 2013.

Mr. B also claims that the Testator was of unsound mind and under the influence of Mr. A while making the duly registered WILL in 2016.

Q1. What are the legal options available to Mr. A, other than probate of WILL ?

Q2. what is the court fees for probate of a registered will in Delhi ?
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1.A has any semblance of right over the property only through the Will only. If that is so then he must apply for grant of Probate of the same.Similarly B will have to apply for PROBATE FOR 2103 will. Now the winner of the two probate proceedings will be cosndiered to be tis lawful owner.

2.Someone practicing in Delhi may help you on court fees as it differs from state to state.in WB it is 50K.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. He may file a suit for injunction seeking an order of status quo. Thus, any attempt of Mr. A to create third party rights will be thwarted. Besides, may also challenge the will obtained under duress by Mr. A in the court.

2. Depending upon the valuation of the property, the court fee could be anything between 3-5 percent of the total value.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. Tenancy does not give rise to title. Tenancy only gives the right to reside in the property. The title has devolved in terms of the registered will. The title holder can now maintain a suit for recovery of possession.

2. The will can be challenged on the ground that it was not made with free consent by the testator, which the plaintiff will have to prove in the court through cogent evidence.

3. Mr.A need not apply for probate of will if the property is in Delhi. He can file a suit for eviction of the tenant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1)since there is dispute as to whether deceased testator was of sound mind or not only you have to apply for probate of will

2) it has to be proved by testimony of attesting witness that will was executed by testator in presence of 2 attesting witnesses

3) notice would be issued to legal heirs

4) if they object to grant of probate it would be converted into testamentary suit

5) suit would take 15 years to be disposed of

6) best option is to arrive at an amicable settlement between the legal heirs

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

8) local lawyer can guide you as to court fees payable

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hi, A has to file a suit in the court for deceleration that he is the owner of the property on the basis of the Will and also seek for possession of the property.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Hello,

A) Probate of will is a legal process in which the court of adjudicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.

B) Court fee will be approximately 4%.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) once you contest the will it gets converted into testamentary suit

2) testamentary suits take 10 years to be disposed of

3)court will not make any declaration that will made in 2013 is legitimate . it would direct parties to prove the will

4)suit for recovery of possession from tenant would take 10 years to be disposed of

5) probate of will is required to be filed as there are 2 wills executed by testator and legal heirs are claiming property on basis of said will .

6) if A produces medical certificate of doctor made in 2013 that testator was of unsound mind then will of 2016 cannot be proved and probate petition would be dismissed

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Q1. What are the legal options available to Mr. A, other than probate of WILL ?

Probate of will may not be necessary for a registered will.

The will made in the year 2016 overtakes the will made in the year 2013

Q2. what is the court fees for probate of a registered will in Delhi ?

The court fee is a local subject, you can enquire it locally.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Q1. why will the case of "Probate of WILL" may take 15 years to settle ?

This is incorrect and misguidance. The probate case may not take such a long time.

Q2 .In case, Mr. A files suit for recovery of possession / eviction of tenant, will it also includes declaration by the court that the WILL made in 2013 is not legitimate and the WILL made in 2016 is Genuine ?

If A is not in possession, he can approach the civil court seeking possession.

He has to concentrate on his probate case only, he should not unnecessarily involve himself in any other related issues.

Q3. In case, Mr. A files suit for recovery of possession / eviction of tenant, approximately, how much time will it take to finalise the suit ?

It may take atleast two years.

Q4. In case, Mr. A files suit for recovery of possession / eviction of tenant and WINS, does it also have the same impact as of "Probate of WILL" for all future circumstances and have absolute and clear title to property OR Mr. A still require to file for Probate of WILL separately ?

Yes.

Q5. Is it better for Mr. A to counter defense Mr. B that testator made the WILL under duress in 2013 and do not produce the medical certificate from doctor made in 2013 OR Mr. A shall also claim that testator was of unsound mind while making WILL in 2013 ?

It is not necessary, let the other party prove his case.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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