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  • Validity of probate

Can a probate be held valid if the period granted in the probate to execute the will has expired over 5 years back
Asked 8 years ago in Property Law
Religion: Hindu

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12 Answers

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Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The validity of Probate does not depend on compliance of the direction made by the Probate court.

So the beneficiary of the Will can apply in court at any point of time so the executor or the co-beneficiary may be directed by court to act in terms of the Will in due discharge of their duty.

Mere lapse of time in not fulfilling the terms of the Will or the order of the Probate court does not make the Probate no est in the eye of law.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Normally any will should be probated within 3 years from death, it can still be executed after 3 years if sufficient cause be shown. I have probated such wills

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

There is no specific time limit to get probate of the will

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

A probate is issued with reference to Section 57 and Section 213 of the Indian Succession Act. The probates are granted to the executor or executors in succession, in case more than one is named, by the High Court, with a copy of the will attached.

One can apply for a probate after seven days of the death of the Testator or the person who makes the will and is the owner of the property to be distributed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi, the WILL once probated can be made to transfer the property anywhere in future .. If there is a issue , you can file a fresh execution petiton

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hi, if there are sufficient reasons of delay, the same can be filed now.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

How can a probate be time bound.

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will.

Show Order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The grant of probate by a court of law is very much valid for execution even after 5 years of passing the orders on it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can a probate which has expired 6 years back be used for the deed of transfer after6 years.

What do you mean by probate expired?

A probate order once passed, it is valid. It can be executed any time, there is no time limit for estate related issues.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes a probate which has been granted 6 year before can be used today also for the transfer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Probate decree never expires.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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