Dear Sir/Madam , My father was deceased in 2015. Now i have claimed for amount held in my father's one non nominaee bank account . I have submitted all the documents required as per bank protocol like intimity Bond , all required forms , will of my father. Will of my father is in my favour only . In will , it is clearly mentioned that " i have four child as my one son and three daughter s, my all daughters have been already married and happly living their lives at their respective homes. So after my death , for all my property , only my son will be the single heir. " Despite of will having mentioned like above , bank is asking for probate of will. Please note that i live in punjab state. Please suggest. Also note that my elder sister has already passed away , my one sister has been already moved to canada . Only one sister is currently living in punjab. Kindly suggest.
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1) it is in your own interest to apply for probate of deceased father will to avoid legal complications in future
2) if there is no contest you would get probate in 6 months
3) the bank does not want to take any chance hence requesting you to apply for probate for father bank account
Dear Sir , Could you please explain the procedure for applying probate? Wheather the presence of my all sisters is mandatory or not? Please suggest as out of my three sister , one is passed away. One is moved to canada . One is here in punjab . Kindly clear this also.
1. Talking of Probate of Will is mandatory is compulsory in many states.
2. Probate of Will is only the authentic proof of Will.
3. So emre production of Will is not enough unless it is probated.
4. So apply for probate and produce the same in court. it takes around at 6-8 months.
1) on demise of sister her legal heirs have to be served with copy of testamentary petition for probate
2) your 2 sisters can execute consent affidavit relinquishing their share in property and giving their no objection for grant of probate
3) similarly legal heirs of deceased sister can execute indent affidavit
4) personal presence is not necessary
1. a Will without probate has no value more than a scrap paper for which you shall have to get the grant of probate from the Court which is nothing but seal of the Court validating authenticity of your sdaid will.
2. Once probate is obtained from Court, your ownership on the willed property becomes legally established.
1. You shall have to apply for probate of the said Will before the Court giving the list of current legal heirs of your father's property. If someone has died, his/her legal heirs become the joint legal heirs of his/her share of the property.
2. On receipt of the application, the Court will send notice to all the legfal heirs to enable them to contest or concur.
3. Thereafter the Court will eithergrant probate of the said will or dismiss the probate application after hearing all the legal heirs through their lawyers.
1. Probate of will is not mandatory in Punjab, but as a matter of police banks seek the probate of the will.
2. To get probate you have to file a petition in the court of District Judge, who will direct the issue of summons to the other heirs of your deceased father.
3. If the other heirs file their objections then the probate petition will be converted into a title suit.
You alone have to apply for probate as you are the only beneficiary thereof.
A will without a probate has no value, probate is like authentication of the will by the court. you will have to apply for probate before the District Judge, the court will then send notice to all the legal heirs of the deceased and upon receiving a no-objection from all the legal heirs, probate will be done in your favor. And since you are the will holder you will have to apply solely.
Regards
The bank is right in insisting probate of unregistered will.
The bank want to safeguard their interest, or else you can get no objection from your sisters to receive this deposit amount.
The legal heirs of your deceased sister can execute a NO OBJECTION on behalf of the deceased.
Or you may have to apply for probate of will through court of law.
Could you please explain the procedure for applying probate?
Wheather the presence of my all sisters is mandatory or not?
Please suggest as out of my three sister , one is passed away. One is moved to canada . One is here in punjab . Kindly clear this also.
You can apply for grant of probate of will in the district court.
Your sisters can be impleaded as respondents.
The legal heirs of your decesed sister can be impleaded as respondents on her behalf
You can inform them to receive the summons and remain absent from appearing before court so that the court will set them exparte and your case can come to an end within very short period by giving you exparte decree ion this.