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.

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

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.

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.

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.

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

2. What alternate step you have planned in place of the said probate application?

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.