• Cancelling a probate application

Dear Sir/Madam,
I have applied for probating the will of my now deceased mother. This application was made a year ago and due to our lawyers negligence has been haled and is still in the initial stage. Is there a process for withdrawing our application ? If yes, will be great help if you can explain steps. Thank you in anticipation. 

Asked 2 years ago in Property Law from United Kingdom
Religion: Hindu
Where exactly your case was filed? 

Probate: A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority. A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.

Effect of grant of probates: A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. However, it only establishes the legal character of the executor and in no way decides the title or even the existence of the property devised. The grant of the probate decides only the genuineness of the Will and the executors right to represent the estate.

If you are not like to continue the case then you should file a withdrawal petition with before the court or Not press the petition at the time call the case and endorse your willingness of not press in the docket sheet of your petition pending before the court.
Ajay N S
Advocate, Ernakulam
2816 Answers
47 Consultations

5.0 on 5.0

1) probate does not take more than 6 months if there is no contest of the will 

2) you must have paid court fees for applying for probate 

3) rather than with drawing your application for probate change your lawyer 

4) if objections taken by Registry are not removed probate petition would be dismissed 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. I am not sure why would you withdraw the same when you have already applied for the same.
2. If you state the reason of delay then I can advise further to expedite .
3. You can anyway engage another lawyer to know the actual reason behind its delay.
4.I would advise you to proceed with the Probate application. If pursued properly it does not take much time.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

Why do you want to withdraw it? If the case has not progressed then take all the necessary steps which are condition precedent to the further progress of the case. It is possible that the stamp duty may not have been paid. Engage another lawyer to ascertain the reason of delay. Be that as it may, if you want to withdraw the case then inform the court through your lawyer at the next hearing.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Hi, you can file a memo before the court that you may be permitted to withdraw the petition. Court will give permission to withdraw the same.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. File an application for withdrawing the said Probate Application,

2. What alternate step you have planned in place of the said probate application?
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

If you withdraw the petition seeking grant of probate you may not get the relief in the future too and you may find it difficult to acquire the property or contest litigation,
Do not rush up with your ideas because they may not be enforceable when there s a litigation on the properties in the later stage.
T Kalaiselvan
Advocate, Vellore
36778 Answers
403 Consultations

5.0 on 5.0

Ask a Lawyer

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