Procedure for Obtaining Probate

A petition for probate must be filed in court along with the will in question. It should contain the following facts.

the time of the testator's death

that the writing annexed in his last will and testament

that it was duly executed

the amount of assets which are likely to come to the petitioner's hands, and

the petitioner is the executor named in the will

The application for probate shall be signed and verified by the executor or beneficiary.

The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.

After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.

A general public notice is also given in a newspaper.

The petitioner is thereafter asked to establish the

Proof of death of the testator;

Proof that the will has been validly executed by the testator

Will is the last will and testament of the deceased.

Dear Client,

Probate is not compulsory in Haryana, So there`s no need to get into useless litigation, which will attract litigation cost also. On the basis of registered will, apply for loan. Bank cannot ask for probate.

1) executor has to file testamentary petition for probate in HC or district court having jurisdiction . enclose affidavit of one of AW

2) enclose grand mother death certificate

3) copy of the will

4) pay the court fees

5) notice would be issued to legal heirs

6) if no objections received you would get probate in 6 months

Hello,

File for a probate of the case in the civil court and as and when the same is probated claim your share in the property.

Either ask some family member only to purchase your share or you may sell it to a third party.

Regards

The petition for probate has to be filed before the jurisdictional district court where the property is located. For filing and other legal clarifications, contact a nearby lawyer.

The application for a probate has to be made to the respective court usually HC as per the pecutionery jurisdiction of the said Will.

The court seeks the petitioner to establish the proof of death of the testator, as well as proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased. There is a fee to be paid which is certain percentage of the assets in the said Will in addition to the advocate fees.The probate is granted to the executor of Will.

After receiving the said petition for a probate, the court issues a notice to the next of heir of the deceased to file objections to the same, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public about the said probate.

A probate is granted by the High Court with the court seal and a copy of the will attached.

Make an application for a probate with the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer or advocate.

Dear Sir,

As you belongs to Northern States of India you please go through following authoritative information and follow the same to file and get PROBATE. WISH YOU BEST OF LUCK

PLEASE VISIT THE LINK TO GET CONTINUED INFORMATION

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https://highcourtchd.gov.in/sub_pages/left_menu/Rules_orders/high_court_rules/vol-II-pdf/chap6partAV2.pdf

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Vol. II 1 Ch. 6-A.

CHAPTER 6

PROBATE, ADMINISTRATION AND SUCCESSION

CERTIFICATES.

PART A.—PROBATE AND ADMINISTRATION.

1. The present law of Probate, Administration and

Succession Certificates is contained in Indian

Succession Act of 1925, as amended. The references

below are to the Act of 1925.

2. A person to whom a grant of Probate or Letters

of Administration is made is required to file a full and

true inventory of the property and credits of the estate

and of all the debts owing by any person in Court

within six months, or such further time as the Court

may allow from the date of the grant and to render

accounts within one year, or such further time as the

Court may allow (section 317).

3. The form in which the grant of Probate is to be

made will be found in Schedule VI to the Act and that

for the grant of Letters of Administration in Schedule

VII.

4. The duty of an Executor or Administrator in regard

to the exhibiting of an inventory and account and

the penalty to which such Executor or Administrator

becomes liable for omission to comply with the requisition

is detailed in section 317 of the Act, and this

section is printed in small type at the foot of the form of

grant prescribed by the High Court. (Form No. 176 in

Part A-II of Volume VI, High Court Rules and Orders). If

for any reason the printed form is not used a copy of

section 317 should be delivered to the person receiving

the grant so that there may be no excuse for failure to

comply with the requirements of the law

The probate is done by the testator and in this case she is expired so there is no matter of probate.

Please file a civil suit to order on the will by the court and do the mutation of the property in your name.

This is the best and secured way till there is no dispute of interest.

1. Probate procedures can be conducted in the District's Civil Courts or the States High Court, by following due procedures of documentations.

2. Part Probate of any will is not possible.

Keep Smiling .... Hemant Agarwal

Application for Probate

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).

The application for probate, need to be made with the help of a lawyer or an advocate, to the High Court, under whose jurisdiction the property might fall. Although a lower court may be empowered to supply a probate for immovable properties of a small value, a probate from a higher court is required for high-value immovable assets.

Documents Required for Probate

While submitting a probate application, you need to submit certain documents that prove that:

a.The will is genuine and is the last will made by the testator.

b.The proof of death of the testator.

c.That the will is validly executed in clear conscience of the testator.

Probate is for the whole will and not individual share of property bequeathed in will.

As a matter of fact there is no necessity for getting the registered will probated.

You can enforce the will by applying for mutation and transfer of revenue records if proper demarcation of schedule of property has been clearly mentioned in the will, if not you can draw a partition deed and get it registered.

After that your title to the property will be conferred which will enable you to avail loan.