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Can a probate be held valid if the period granted in the probate to execute the will has expired over 5 years back
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Can a probate which has expired 6 years back be used for the deed of transfer after6 years.
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.
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
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
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
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.
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.
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.