File Probate in Kolkata which is normally listed before the court of the District Delegate Court at Kolkata. In uncontested cases where there is no objection from any legal heirs the matter is disposed off in the same court itself. However if there is an objection then the matter will be made contentious the very moment an objector enters appearance and files vakalatnama and written objection is not required to be filed as the Ld District Delegate does not have power to hear the case.
Uncontested Probate is decided by following the steps
1. PW-1 – Name of Petitioner
2. PW-2 – Name of attesting witness
The following documents were marked in evidence.
1. Ext. 1 – Aadhaar Card of PW-1
2. Ext. 2 – Death certificate of Testator
3. Ext. 3 – Death certificate of Testator
4. Ext. 4 – Death certificate of other attesting witness (in case deceased)
5. Ext. 5 – Paper publication in “Aajkal” with date . The newspaper is usually Aajkal preferred
6. Ext. 6 – Aadhaar card of PW-2
7. Ext. 7 – Will of Testator
8. Ext. 7/1 – Signature of Testator in the Will
9. Ext. 7/2 – signatures of attesting of attesting witness in the Will
If objector enters appearance by filing Vakalatnama in Probate Case
Usually the order passed is – that the Probate application filed by the applicant is returned with a direction to file in appropriate Court having jurisdiction to decide contested probate application.
Contested Probate is filed before the Court of the Ld District Judge
It is the duty of the Petitioner in a probate case to take the file back and file in the competent court which is the court of the Ld District Judge at Alipore. The same will be transferred to the court of the Additional District Judge as an ORIGINAL SUIT (O.S)
Application for file Inspection
Once notice is issued file an application for file inspection under section 151 CPC which is normally allowed as of right to check the original will and thereafter file your written statement
File Written Statement in Original Suit
Filing a written statement after availing a copy of the Will is ideal . In that manner you will know exactly how to draft your written statement and your line of argument.
Production of documents in Original Suit
File an application U/o 11 Rule 12 & 14 read with Sections 30 & 151 of the Code of Civil Procedure for production of documents related to the suit property stating certain documents are in possession, power and custody and which are relating to the matter in question in this suit.
Framing of Issues
Framing of issues is always done by the court and the lawyers may assist the court by proposing issues.
Conclusion for File Probate in Kolkata
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