Is surety bond required if probate order does not mention?
My mother won a probate case last month in Delhi. The court order does not mention anything about submitting a surety bond, but our lawyer is insisting that it is required. The order reads: Letter of Administration granted to the petitioner with the seal of this Court in the form set forth, subject to completion of requisite formalities such as: (a) furnishing court fees on the value of the subject property (b) exhibiting inventory and account within the prescribed period, as per Section 317 of the Indian Succession Act, 1925. The file is to be consigned to the record room after completion of all necessary compliance and due formalities.
If the court order does not mention a surety bond, then generally it is not mandatory. Only the listed formalities like court fees and filing inventory need to be completed. You should ask your lawyer to show the legal basis in writing. If still doubtful, take a second legal opinion or clarify directly from the court registry. For further legal assistance contact us on our helpline number.
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