Doubts on probating a will
My grandpa has passed away and he wrote a will which is unregistered but only notarised..His only son and wife have already passed away..He only has myself and one more granddaughter alone.We have legal heir certificate for my dad and my grandma but not my grandpa.. For the name transfer of his properties he wrote to me and my sister, I was asked by register officer for getting the will probated..
I, his grand daughter will have a short term travel to Overseas and I m going travelling in 2 weeks and ll be coming back in 6 months.My mom and my sister are the only ones here for those 6 months
I checked with a lawyer but still I would like to get even more clarified..Following are my doubts for getting probated the will..
1. Will it be fine for starting this whole probation process after I come back from overseas after 6 months?
2. During probation, are the witnesses (who signed for the will when my grandpa wrote) 100% required to be present during the hearings? My lawyer checked with me about the fitness of these witnesses..I m afraid of the "what if" cases
3. The reason for me having thought of starting this probation process after I comeback from overseas, is because I feel my mom and my younger sister cannot handle this process alone..As there is submission of original documents involved and also going to court during hearings..
4. My lawyer suggested for filing for probation now before I go overseas and by giving "power of attorney" to my mom for this ? So that she can sign in my absence..If yes, how long will the validity of this power?
Asked 7 years ago in Property Law
Religion: Hindu