Legal Question in Wills and Trusts in India

You need to file a petition for probate and for this purpose you may retain a lawyer.Two witnesses are required to attest the will and not five as stated by you in case one witness depose in favor of will, the authenticity of will will be proved

You should have to come in litigation procedure if make it in favour of you.

To know more regarding how?

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Hello,

As you may already know, A probate is a copy of a will certified by a court of competent jurisdiction. It proves that it is the last and final will of the deceased penned on a particular date. A probate is granted with the court seal and has a copy of the will attached to it. The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer. The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased. Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.

If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate. After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public. You will need a good lawyer to explain to you all the specific procedural aspects that will apply in your case. If you drop me a mail at [email protected], then we can discuss the matter further.

Regards,

Advocate Ashok Kumar; www.lawkonect.com