• Probate for a flat

Can I as a sole beneficiary in a probate case for a flat in kolkata,sell it before probate is granted to me.I filed all the papers through my advocate at alipur judges court in april,2014,but till now,nothing concrete has materialised,so my probate is under review at district delegate,alipur judges court.
is there any way that i can speed up the process legally,by going to a special court?
Asked 1 year ago in Property Law from KOLKATA, West Bengal
Religion: Hindu
1) in Maharashtra   maximum court fees for probate is Rs 75000 

2)  it varies from state to state 

3) grant of probate does not take much time if no objections are filed after issue of notice 

4) it generally takes 6 months time 

5) probate is mandatory in kolkata . since you have already filed application for probate you  should not  sell your   flat  before grant of probate . 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) application for probate has to be filed in court having jurisdiction to hear probate cases . 

2) you cannot file probate application in special court if it has no jurisdiction 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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The probate application certainly does not take so much time. The standard time is around 6-8 months in Alipore Court.
I believe the probate case is not properly looked after so far or some mistakes is not corrected in time.
Anyway pursue this case as it much be posted for final hearing by this time.
Selling a property before grant of Probate is not in itself an illegal act but there is hardly any takers for buying a property without probate certificate, at least, in WB where taking of Probate is mandatory thing.
If you are the sole legal heir of the testator then you can sell it without disclosing the Will.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
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1. Why would a prudent buyer purchase the property if the probate has not been granted?

2. You should wait till the outcome of the case to sell the property. Without probate a will has mere scrap value. The sale before probate can invite a long drawn litigation subsequently.

3. If the disposal is taking time you can move to Kolkata High Court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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The court fee varies in every state. A local lawyer alone can tell you the highest court fee payable in probate proceedings.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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Without the grant of probate by a  court, you will not be considered as a owner having marketable title to the property hence you may have to wait for the court order.  You can ask your advocate to push it forward expeditiously. 
The court fee will differ from one state to another, you may clarify the same from another lawyer other than your own.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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1. You said that you are the sole benificiery but there are other legal heirs also of the property who might object to the will,

2. So, you are not yet the sole owner of the property till probate is granted in your name,

3. With out probate, a Will has no value more than a scrap paper,

4. You can no sell e property before probate has been granted to the will.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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It is Rs.50,000/-
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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