WILL REGISTERED IN MUMBAI , BUT THE PROPERTY IS SITUATED IN TAMIL NADU PROBATE REQUIRED OR NOT ?
mithun m 04 September 2021
WILL REGISTERED IN MUMBAI , BUT THE PROPERTY IS SITUATED IN TAMIL NADU PROBATE REQUIRED OR NOT ?
Advocate Bhartesh goyal (advocate) 04 September 2021
Anon (Associate ) 05 September 2021
Ashwitaa Shetty (.) 08 October 2021
As per your query you are required to get probate in the following situations:
1. A probate is advisable in all cases and is necessary in cases of will dealing with immovable property.
2. According to the Indian Succession Act, 1925, if a will has been made by a Hindu, Sikh, Jain, Buddhist within the territories of Bengal, Madras and Mumbai , then the probate is required.
3. If the will has been made in the rest of India, but the property lies within the territory of Bengal, Madras or Mumbai then too a probate is compulsory.
4. It is also generally advisable to make a probate in cases where there is a problem with the will or in case the beneficiaries of the will have died before the testator. 5. In case of anticipation that the will may be challenged, questioned as to validity of the will then it is advisable to get probate.
Regards,
Ashwitaa Shetty