Sir the legal heirs of the benificiaries can apply for the probate of the will though filling for 32 years after it will.seriously raise a question on its validity and further the witnesses are also not available to support the will so.the third son can challange the will on its validity.

no time limit for applying for probate . since there were no disputes you did not apply for probate . make application now . preferbaly probate application should be made within 3 years . you have to satisfactory explain the reasons why you delayed filing application for probate .

The fact that for 32 yearsafter demise of testator no application has been made for probate is suspicious circumstances surrounding the will

2) further both the witnesses are dead

3) you need testimony of at least one attesting witness

5) if both witnesses are dead you hav e to prove the willby testimony of person who are familiar with his signature

If there are other signed documents available of the executant the forensic report of writing expert.can be obtained by court to verify the signature.

No the probate can not be applied now.

The will could only have been probated by the holder of the will and not otherwise.

Regards

1. Yes, the beneficiary of the Will can now apply for Probate .

2. Death of attesting witness is also no deterrent as long as the legal heirs of the attesting witnesses are alive and they testify in support of genuineness of the signatures.

3. If there is unanimity among the beneficiaries as regards mutually agreed distribution of the property then you can execute an amicable deed of partition and get it registered.

4. if it is disputed then the court in due course will adjudicate the genuineness of the Will.

It will be very difficult to get the same probated.

However, if some local lawyer is advising then you may give it a chance.

Regards

1) you have to explain delay of 32 years in applying for probate

2) you have to prove that will was executed by testator by testimony of his friends and relatives who were familar with his signature

1. longer the time between demise of testator and obtaining the probate of a Will, greater will be suspicion in the minds of the Court

2. there is no limitation law which applies to obtaining probate of a Will

3. the probate petition can be filed by the legal heirs of the beneficiaries

4. in this petition, the surviving legal heirs of the deceased will have to be given notice to give their NOC for or against the grant of probate

5. if no legal heir objects against the grant, then probate grant will proceed

6. if there is any objection then the probate petition will get converted into a regular civil suit

7. also if the witnesses are no more, still the execution of the Will by the testator and attestation by the witnesses can be proved by other evidence

8. the legal heirs of the beneficiaries will have a heavy burden to prove the Will. Once that burden is discharges the opponents will have to prove their case. Depending on that the suit will be decided whether the probate can be granted or not

Dear client,

To prove a WILL, tertimony of at least one witness is mandatory. Is this WILL registered ?

Witness is not alive than court will go through other circumstances to grant probate.

1. The application for probate of the said will can be filed by the legal heirs of the beneficieries of the will now on the ground that it has surfaced now.

2. The otherv side being the legal heirs of the executant of the will who has not been the beneficiary of the will can contest the will fittingly on varioud gropunds doubting the genuineness of the signature of the executant, alleging that the executant was influenced.coerced etc.

1. The genuineness of the signature of the executant and also the witness will be the prime consideration while granting probate for the will.

2. Engage an experiened lawyer having expertise in this field.

Section 222 of The Indian Succession Act 1925 provides that the probate can be granted only to an executor. Under the Act proceedings for grant of probate cannot survive either on the death of the sole executor or of the last of the surviving Chandka 5 A-1009-10-JUDGMENT executors. Upon the death of the sole executor or, as the case may be, the last surviving executor the right to sue does not survive in favour of any one including the beneficiary since that right is personal to the executor. Hence an application for substitution or for conversion of the proceedings from one for the grant of probate to a proceeding for the issuance of letters of administration cannot be maintained;

You may confirm your status and then proceed accordingly.

Obviously two contesting parties will put up people for confirming the signature as well as opposing it. What litmus test will be applied by the court to prove whether the will is genuine or not?

The burden to prove the Will shall lie on the parties who rely upon and not the court.

1. The limitation period to file an application for probate is 3 years from the date on which the right to apply accrues.

2. The children of the beneficiaries are at liberty to apply for probate of the will.

3. Since the attesting witnesses are dead their signatures are to be confirmed by examining people who are acquainted with their signatures. This is the litmus test. Once the attestation of will is proved and it is further proved that petition is filed within the limitation laid down in the law the court will grant probate.