Legal Question in Wills and Trusts in India

I had filed for probate in civil court and few respondents are taking dates to file reply.Can I apply for mutation in land and development ,new delhi to mutate my name on the basis of 30 years old registered will in the present situation and have my name mutated in land and development office new delhi.Kindly mention judgements.

Asked on 7/18/13, 8:53 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

Since the opponents are taking dates, you should plead that the Probate be issued ex-party by the Judge hearing the matter. A Probate on the Will is required to be issued by the Judge in charge of the concerned Court within three months of the date of filing the Will in the Court.


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Answered on 7/18/13, 10:30 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi
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once your matter is sub judice i.e. pending in the court, you can not go for mutation except by court orders. any attempt to do so may be considered contempt of court.

thanks and regards

Adv. Rajiv

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Answered on 7/18/13, 9:38 pm

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