Legal Question in Wills and Trusts in India

Will Probation Process

What is the process of probating a will? I am facing a situation where a relative is threatening to probate a fraudulent will in Gurgoan/Delhi in order to extort money from the legal heirs of the deceased where the deceased did not leave a will. Can such a will be probated by the court without informing the legal heirs of the deceased? Any notice in a local paper is easy to miss.


Asked on 3/11/09, 8:10 pm

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: Will Probation Process

you can file a caveat in teh court

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Answered on 3/13/09, 1:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Will Probation Process

You may file a caveat in the concerned courts. A will is probated only after giving notice to all legal heirs.

You may also consider filing a civil suit, the place where the property is situated, seeking a declaration of inheritance and that the deceased did not leave any will; and that a will, if any, may be fraudulant.

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Answered on 3/11/09, 10:37 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Will Probation Process

File caveat in the court

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Answered on 3/12/09, 8:02 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Will Probation Process

Hello.

Good Evening.

I would advise you to file a caveat in the Hon'ble Court.

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Answered on 3/12/09, 8:52 am


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