Legal Question in Wills and Trusts in India

Role of Grant of Probate in Partition SuitProbate of my grandfather property is granted to me in my favor recently in September 2020 by ADJ. Now I am confused whether can i show it to an ongoing partition suit case of the same property which was field by my sister or whether i need to wait for more time? I consulted many of lawyers regarding this matter and some of them suggested to wait at least 3 months, 6 months or 1 year. Even some of renowned lawyer suggested to wait at least 3 years to show your Grant of Probate to this ongoing partition suit case in order to avoid any caveat to it.

So, can you please instruct me the correct thing on it?


Asked on 12/07/20, 4:27 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Sir/Madam, Usually Probate is granted to Certify the testamentary (Originality Of Will Based) properties, you cannot hide any facts of the encumbrances, disputes, heirs connected to a particular issue, while granting same, and this said Letter's Of the Probation executing validity for your taken purpose is just for 6 (Six) months as per an Indian Succession Act 1925, therefore you've to revoke same after an expiry of 6 (Six) month through its grant.

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Answered on 12/10/20, 10:47 pm


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