Legal Question in Wills and Trusts in India

A will was done in my favour in 1998, by my family friend, of his house and agriclturer land, who was a farmer, in Gujarat. Since I was not a farmer of Gujarati origin , I was Advised by some lawer that i can not get probate of this will since i am not a farmer of gujarat. I left Gujarat for many years and forget about the will. now i came back to Gujarat, after 18 years, can i obtain probate of that will ? what is the procidure? is there time limitation ?


Asked on 5/19/16, 6:26 pm

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

Sir

So far so Probate of the WILL is concerned, there is no period of Limitation prescribed. Probate can be obtained at any time. In probate proceedings, the only thing court is concerned is with regards to the fact as to whether the WILL is genuine or not, and what such document is the Last Will of the Testator In probate proceedings court cannot go in to the facts of division or validity of bequest. So you can even now apply for the Probate of Will after 18 years.

I am based in Gujarat, So should you require any assistance, then feel free to contact me.

Best Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 5/26/16, 4:41 am


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