• 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 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) you can apply fir probate after6 months 

2) affidavit of attesting witness has to be enclosed to the testamentary  petition 

3) AW  presence is not required for each hearing 

4) you can execute POA in favour of mother . Specific POA woukd be valid till the private is granted
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

1. The application for Probate can be made at any point of time and hence it is fine if you do the same at your leisure in return from abroad.
2. Yes, at least one of the two witnesses are required to be present.
3. It is alright.
4. Though it can be dine on the basis of POA, I would suggest you to delay this till you return from abroad so you can personally monitor the case without leaving the same to your mom who can be misled .
Devajyoti Barman
Advocate, Kolkata
12887 Answers
166 Consultations

5.0 on 5.0

1. In these circumstances you should file the probate petition before going overseas as your personal presence is not required in the court for the filing of the case, whereas you will have to appear personally only at the time of evidence. It should not take more than 6-8 months to wind up the process.

2. The attesting witnesses have to testify to the will in the court, your probate petition may be dismissed if they do not testify.

3. You may also execute a GPA in favour of your mother but this is not required as you are yourself not required to appear in the court personally except for your deposition. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1.  You can initiate the legal process of filing the probate petition before you are leaving and can entrust the job to your close relatives in India by executing a power of attorney deed to represent you before the court during your absence.

2. The witnesses if alive, ar to be produced before court to adduce evidence for having seen the testator signing the said Will.

3.  The original documents need not be submitted so soon before court, it can be produced before court during trial, by when you will be available to handle the case yourself.

4.  The validity of POA shall be till the time you revoke it. 
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

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