Legal Question in Family Law in India

Delhi Probate

I am informed that it is not required to probate wills in Delhi if there is a already civil suit / partition suit pending in Delhi High Court based on the will. Is this true? The will is of 1983 vintage and is unregistered. Is this due to fact that in Delhi wills of Muslims, Christians, Hindus, Parsis etc are out of scope of section 213 Indian Succession Act, Or is it due to concurrent jurisdiction of High Court for suits / probate. Citaions will be useful


Asked on 5/17/08, 12:21 pm

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Delhi Probate

Consult a senior counsel practising in Delhi.

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Answered on 5/23/08, 7:04 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Delhi Probate

contact a sr advocate in delhi.

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Answered on 5/19/08, 10:26 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Delhi Probate

Probate also means adjudication of rights arising out of will/inheritance. the factum of will can be pleaded in a pending civil suit; therefore, if a civil suit on the same subject is pending, there is no requirement of independent/separate probate proceedings.

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Answered on 5/17/08, 10:59 pm


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