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?
4 Answers from Attorneys
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.
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.
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.
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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.
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