Legal Question in Wills and Trusts in India

Need to probate the will which my mother wrote in my name. Will is registered.Now it is 3 years since she passed away and i have not probated the will. Can we probate the will after 3 years?

Should you file in District court or High court. Which is best option?

My sister is refusing to give NOC. What are the options now?

Can i produce the witnesses who signed in the will?

How long does it take for this process?


Asked on 9/21/11, 11:59 pm

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The will is probated incase of dispute amongst the legal heirs or beneficiaries. Your sister is not giving you the NOC , it is a reason for you to get the will probate. The pecuniary jurisdiction of High court is 20,00,001/-.and above.

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Answered on 9/22/11, 12:18 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may have to file the probate of the will in the district courts before the District Judge and implead your sister as the opposite party. the process may not take long in case the will is authentic. you can call the witnesses to the court to prove your will.

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Answered on 9/22/11, 1:30 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 9/22/11, 5:10 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

I Too agree with Mr.Gupta

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Answered on 9/26/11, 12:42 am


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