• Time limit of probation of will in the state of Maharashtra

My grandfather passed in january 2015. Among his other property etc assets, he left me a house which is co-owned by my father. I still have not been able to get the will probated. I stay in mumbai. is there a time limit to by when i can get it probated?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

File application for probate of will at the earliest

2)there is no time limit for filing for probate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir there is no time limit for probate of the will you can do it when you wish but it is better you do it as soon as possible.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

There is no specific limitation period as such

But generally the later the probate application is made, the more suspicion is raised by court

Although the high court original side rules do prescribe a time within which probate petition has to be filed, but in many cases its not followed

Its been 3 years since the person died. So you must immediately apply for probate

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

There is no time limit of probation but it's better for you to file application for probate as early as possible

If you delaying then you need to give satisfactory reason for delay

Dimple Jain
Advocate, Jodhpur
222 Answers

The time limit is 3 years.

However the same can be condoned by means of an application.

Get the same probated at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear,

No time limit but i suggest you to take this issue seriously and do it as early as possible.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

No limitation

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Typically there is no time limit to probate a will. However, in one case, the SC has stated that 30 years from knowledge of existence will.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

A probate for a will is required to be obtained only under circumstances ... limits, in so far as they relate to immovable property situate within those limits.

Will is a legal declaration of the intention of a testator with respect to his property, both movable and immovable. ... The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date .of death of the testator.No probate is necessary for Christian and Muslim Wills.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer