Legal Question in Wills and Trusts in India

Probate

My father willed the house in my name. The wills registered. I have a brother and he has been given some land by my father earlier. He is not going to ask a share in the house. Is it necessary to probate the will?


Asked on 3/24/09, 10:21 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Probate

The object may be mutation of properties in your respective names.

You may prepare a 'family settlement' deed on the basis of the will and get the properties transferred in your respective names, if the authorities agree to do so without probate of will.

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Answered on 3/24/09, 1:34 pm
Lawbird in Delhi Taneja Law Office

Re: Probate

Whether or not a Probate is required is a question which can be answered by simply knowing your location. The law is settled in this regard and Probate may be or may not be necessary at all if you are residing or not residing in certain designated parts of the Country in India.

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Answered on 3/24/09, 9:39 pm
Vivek Mapara Vivek N. Mapara

Re: Probate

Unless Will is executed in or in relation to the property situated in area of Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Calcutta, Madras and Bombay, the same is not mandatory to be probated.

But generally authorities seek for probated will, before actiging upon it, so it is better if you get the will probated. It will be more appropriate.

Feel free to contact

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Answered on 3/25/09, 12:20 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Probate

Hello.

GOOD EVENING!

There are different State Laws in India.

I would advise you to probate the will before the Hon'ble Court before acting upon it.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

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Answered on 3/25/09, 7:05 am


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