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I need to procedure of probate
14-Aug-2023 (In Property Law)
My maternal grandmother a Hindu woman provided a gifted deed on a court paper to my mother in ther year 2002 and she died 2009 and probate also not taken by my mother till now.So I need to know how long this deed is valid and May she take probation right now?or its validity is over?
First of all, if your grandmother executed a deed of gift, then there no necessity of obtain probate as she already gifted her share. Probate is necessary for LAST WILL TESTAMENT only. There is no validation period for the same. Though in present situation the apex court has fix a period for 3 years.
Thanks.
Thanks.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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A deed of Gift executed does not need Probate. But before giving any final advice, I need to scrutinise the said Deed of Gift for its authenticity. Moreover, you need to file a suit for declaration to claim your ownership over the property.
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Adv. Gunjan Shah
Kolkata | 100+ Answers
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