Role of Grant of Probate in Partition Suit
3 years ago
Probate 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?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Probate is the official proof of the will. It is advisable to produce the probate to the court before the court gives the decision which might not be in accordance to the will. While submitting a probate application, you need to submit certain documents that prove that:
a.The will is genuine and is the last will made by the testator.
b.The proof of death of the testator.
c.That the will is validly executed in clear conscience of the testator.
Probate is the official proof of the will. It is advisable to produce the probate to the court before the court gives the decision which might not be in accordance to the will. While submitting a probate application, you need to submit certain documents that prove that:
a.The will is genuine and is the last will made by the testator.
b.The proof of death of the testator.
c.That the will is validly executed in clear conscience of the testator.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
if not in hurry then its better to wait and play safe.
If you submit probate then your sister will go for appeal.
then you have to fight 2 cases.
3 months is minimum time for appeal.
Hope this clarifies,
Advocate Ankur Goel
Anonymous
Replied 1 year ago
How much more time I need to wait?
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