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Author Topic: Photocopy of will  (Read 860 times)

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Offline Arunk

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Photocopy of will
« on: October 06, 2015, 02:15:37 PM »
I have only photocopy of my fathers will where he made me beneficiary after my mother passes away. Until then, she is to "take and have life interest"
(1) As no one is giving me original, a photocopy with signatures of father and two witnesses is sufficient ? What is the risk of only having a photocopy?
(2) Can the will be probated even while the life tenant is alive?
(3) Can my mother divide the bank accounts among siblings ,who are in joint names with father?
Thank you.

Offline adv.amarnath

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Re: Photocopy of will
« Reply #1 on: October 07, 2015, 02:14:24 AM »
Until and unless I see the photocopy of your father's WILL, it will not possible for me to say. If it is registered then you can take a certified copy of it if you have the details of WILL. If the WILL is not registered and you do not know about the said WILL, then you have no option to get probate with a photocopy. Basically all your question's answer can only be given after checking the copy of said WILL which you have.
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
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Offline Arunk

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Re: Photocopy of will
« Reply #2 on: February 11, 2017, 05:40:48 PM »
Finally, I have succeeded in getting the original will.  Now, I am preparing for probate petition with help of a lawyer in Delhi.
My question is :  Is it possible to file probate petition in Kolkata court with a notarized copy of the will ?
The original will is overseas and can be produced at evidence hearing .

Offline adv.amarnath

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Re: Photocopy of will
« Reply #3 on: February 13, 2017, 11:07:36 AM »
Where the property is located, you have to file probate case within the jurisdiction. If there is any property in Kolkata then you can file the same before Kolkata Civil Court having jurisdiction
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Amarnath Sanyal
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