• Will probation

My dad has written a will stating all his property will belong to his only son ( myself). I have 3 sisters to whom my dad has not given anything. Now I have applied for probation in court through a local lawyer. It’s been 2.5 years. I dint receive any acknowledgement from his end that he has applied for probation. Recently I gave him my original documents to be submitted in court. I dint receive any acknowledgement for the same from court. My lawyer says this case numbering is getting delayed because of translation on the will. What should I do ?? How to know if my case has been applied in court ??? Will it really take so many years for Will translation ?? Will I get acknowledgement for case registration in court ???
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1) translation does not take 2 years 

 

2) if petition for probate is filed you get petition number within one week or so 

 

3) ask lawyer for case number of testamentary petition 


Never hand over original documents to lawyer 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

Dear Sir,

CNR is a unique number given to cases in District Courts of India. You can get your CNR number from the following sources: You can downlaod the e courts app on your android phone and search for your case using party name. From there you can find your case and thus CNR number can be taken easily.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Translation of will does not take so much of time, once a petition for probate is filed it takes maximum 4-5 days for numbering and to generate case number.

2. Ask case number from.lawyer and enquire in court and online status.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Collect all the documents back. Advocate is misleading you. Probate if objected, grants in very less time. And your presence is necessary to file probate in court.

And if you are not worrying about your case since 2.5 years than you are only responsible against any harm/loss/fraud committed to you.

Go to advocate and ask him to give you file and case detail, stage of case and change him. Collect all the originals, appear on court on next date. If he do not give, complain to bar association.

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

You need to go to the court and get the information through RTI. You need to confirm whether your lawyer is saying the truth

Prashant Nayak
Advocate, Mumbai
31910 Answers
179 Consultations

4.1 on 5.0

The  reason stated by your advocate for translation is not palatable.  It should not take more than one  week.

You can check the same in Ecourts portal.

You ask your advocate for the registration number of your petition. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The reasons for delay in filing the case or getting it numbered by your lawyer is not justified.

It may not take much time to get the contents of Will translated to English language.

The original Will can be filed at the time of trial and it is not necessary to handover the original Will to the court or to the lawyer at the initial stage itself.

If you want to know the details of the case i.e., whether it is filed  or not, then you my contact another advocate and get the details by proving him the particulars.

If you don't trust this lawyer anymore due to his lethargic and unreasonable activities, you may change the lawyer immediately instead of wasting more time, energy and money on him.

 

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

Hi,

You may approach any authorised translator and get the translation done and submit the same in the court for further action. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Court gives no acknowledgment when any document is filed in a pending case.

2. You can go with your lawyer to the court and inspect the judicial file of the case in the inspection room.

3. It does not take 2.5 years for the case to be registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You may contact the court registry directly to ascertain the facts. Mere translation work will not take much time.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

Contact the lawyer who holds the original will.

Explain that you are making your own application for probate, rather than doing it through a lawyer.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Probation of will doesn't take such a long time to dispose off. 

2. Ask your Advocate to provide case no. and next date of hearing. 

3. You can try to check status of case through e-courts app. 

4. Will translation takes around two days and translated will is not required for filing of case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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