Legal Question in Civil Litigation in India

Dear Sir's,

I had filed as suit of permanent injuction in civil court on the basis of a unregistered will, at that time my advocate suggested me to submit the original will to honable court & same has been done, the entry for that is in Index of court . Now I want probate of my will so I need the original will.

1. How can I get the will from court ?

2. Under what conditions one can withdraw his submitted original Documents from the court ?

3. I dont want to let know the defendent of permanent injuction about the probate, they may creat unecessary problems, is it possible ?

4. what is importance of probate ?

Thanking to all of You for ur responses.


Asked on 9/07/10, 12:56 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

. How can I get the will from court ?

First, apply for a certified copy of the Will to the court by filling an application form for certified copies of documents from court record.

Once you have the certified copy, move an application before the same court that you want to substitue the original will with the certified copy. the court will take the certified copy from you and give back the original will

You do not have to disclose the purpose of taking the original back

2. Under what conditions one can withdraw his submitted original Documents from the court ?

no conditions. Refer reply above

3. I dont want to let know the defendent of permanent injuction about the probate, they may creat unecessary problems, is it possible ?

No need for them to know

4. what is importance of probate ?

Probate of WiLL will only decalre that Will has been properly and lawfully executed

Read more
Answered on 9/11/10, 7:02 am


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