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Procedure for filing of Probate in the Lower court
26-Jan-2023 (In Property Law)
My mother has left a Will in my favor which is her self earned property and for which I have filed a probate case in the lower court in Cuttack in Odisha Now, My prayer before you to please advise me as to whether the cost of the property value is to be deposited at the time of filing of a probate suit at the time of issuing of notice to the opp.parties by the courts of law ? Secondly,Whether any orders passed by the Uttarakhand High Court relating to deposition of Fees for filing of a probate case is acceptable by the lower courts of Odisha ?
Application:
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public
Helpful?
34+
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Odisha Court Fee Act is applicable in Odisha. Uttarakhand's law regarding deposit of Court Fee will not be applicable to Odisha as much as it differs. You will have to act as per the law prevailing in Odisha.
Helpful?
49+
49+
Adv. Ramesh Agarwal
Cuttack | 100+ Answers
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