Legal Question in Wills and Trusts in India

I wish to make an unregistered will in respect of my flat situated in Kochi and bank deposits held with some banks in Bangalore and Kochi (Kochi was part of a princely state before Independence and was therefore, not a part of British India).
Is a Probate necessary in this case? If so, at what stage?

Asked on 7/27/13, 10:06 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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27.07.2013

Dear Sir / Madam,

For your Will, the status of the State of Kochi pre-independence does not hold any relevance. You may write your own Will (Testator / maker) in your own handwriting / or typed mentioning details of your parents (father and mother) and if you are married, your wife / husband, and your immediate descendants (siblings) in the first paragraph of your Will. In the next paragraph you should enlist detail of each of your immoveable (area, exact address of flat) and moveable property (Receipt No., Name of the Bank, FD Amount, Date of Maturity, Maturity Amount and alongside you should write the name of the beneficiary whom you desire should be given the title / proceeds of the respective property. In the final paragraph of your Will, you should name the "executor" and the "custodian" of your Will. You should sign the Will in the presence of two witnesses other than your family members along with their name and address mentioned in your Will.

In India, a Probate is necessary on a Will. It has to be invoked by the executor and custodian of the Will on the demise of the Testator.

Regards,

Answered on 7/27/13, 10:33 am

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