• Probate of 11yr old WILL for a property where writer died 9yrs ago, I'm not related to WILL writer.

I'd like to Probate an 11yr old WILL written by a farmer who died 9 years back. At that time (11 years back) I bought a property from him but none of the papers were Registered. I am not related to the farmer. I don't know where the Farmer's family lives. Farmers family did not know about this property. What process should I follow and what problems will I face to get the 11-year-old WILL Probated where the writer of the Will died 9 years back. His signature and Thumbprint are on the Will (we don't have his Aadhaar Card or PAN Card). How much time will the process take (Best-Worst case estimates).
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

If you have property papers and check the current possession on the property. Then go for Probate in the court. First talk to possession and tile holder of the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Executor has to apply for probate of will 

2) enclose death certificate of testator 

 

3) affidavit of attesting witness . Notice would be issued to legal heirs 

 

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

Ajay Sethi
Advocate, Mumbai
99900 Answers
8153 Consultations

1. There is no time limit to apply for Probate as law of limitation does not apply here.

2. So if there is dispute to the title of the property ignoring the terms of the Will, Probate can be applied for

3. However to apply for Probate one will have to either the beneficiary of the Will or the executor named therein.

4. If you do not fall under either of the categories you can not apply for the same. 

5. If the Will is contested then it will take time. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

You need to apply for probate in thos conditions of only if the said property is under the jurisdiction where probate is necessary. If objected by any party it will be converted into testamentary suit. 

Prashant Nayak
Advocate, Mumbai
34609 Answers
249 Consultations

The probate of Will is not mandatory in Delhi.  It seems that you have notarized sale documents along with Will in respect of property in unauthorized colony.  In my opinion, you visit a local lawyer who is practicing at concerned Sub Registrar office along with the the documents you have and he would advise you further course of action.  

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Publish it in two Newspapers out of which one local and another English national newspaper for intentions to probate the will of testator who died 9 years ago leaving behind his legal heirs for inheritance of his property as per will.

Will is not required to be registered under the law.

After giving two weeks time to claim the property of testator by his stranded heirs , If no one turns then take the next steps. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

In case your name is there in the will, you can file a file a probate case and get the title of the executor of the will alongwith the letter of administration. The testator died 9 years back. Pls note that you have 3 yrs limitation left to file the probate case. Usually if uncontested, it will take 6 months or a year. If contested, it might take 2 yrs. 

In case you need my consultation, I can be contacted on 

https://www.linkedin.com/in/yuganshu-sharma-655091183

 

Regards,

Yuganshu Sharma
Advocate, Delhi
1046 Answers
2 Consultations

- As per the Supreme Court , 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.

-  However, under Article 137 of Limitation Act, the period of limitation is three years from the date and the said period begins to run when the right to apply accrue. 

- Hence, on this limitation ground , you can file a probate petition before the district court . 

- It will maximum take 3 to 6 months , if none has filed his objection . 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

1. In Delhi, probate of WILL takes approx. 6 odd months for a Probate Decree.

2. Depending on value of property, Court Fees maximum would be 75000/- and lawyers fees could range from 25000/- upwards.

3. WILL can be in ANYBODY's favor (even non blood relations), BUT must compulsorily be witnessed by atleast Two Witnesses for the WILL to be legally enforceable and probate proceedings.  There is no need for any PAN or AADHAR card of WILL maker.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Either of the witness to the WILL will require to prove its execution. If Witness not traceable than second approach will follow.

Is this WILL register ? Probate can file any time and if whereabouts of farmer family not known than public notice will issue.

No need to probate and if WILL is duly attested and registered too than well and good. On the basis of WILL, can transfer the property in your name.

Probate takes time.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

probate of a will can be taken through lower courts as well as district courts. the procedure is to file the application and pay the requisite stamp duty with a prayer to grant probate. If there is no objection it is granted fast else takes time. approx time is 6 months.

Mohammed Mujeeb
Advocate, Hyderabad
19352 Answers
32 Consultations

You have to file a probate case impleading the legal heirs of the deceased testator as respondents in the case.

If you are not knowing their addresses, then you may have to search for their whereabouts through your own sources.

You have to bring the attesting  witnesses to the court to depose evidence to prove the Will.

The probate case may take at least two to three years to get disposed.

The advocate fee and the court fee may be enquired from the advocate you may engage.

 

T Kalaiselvan
Advocate, Vellore
90102 Answers
2503 Consultations

1. You cn file petition to probate the will but you need to make legal heirs of testator as party to the petition because they are rightful claimants of the property in case your probate petition got dismissed.

2. The will must be signed by witnesses who can testify the signatures of testator.

3. It can take around two to three years to get probate orders. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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