Ramesh (N/A) 23 March 2015
Is probate is necessary in Rajasthan far any type of WILL
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 July 2015
If one owns an immovable property what is the documentary evidence for it? It would be the registered transfer deed with stamp duty paid. It is a document with the assurance of the Government. A will on the other hand is made by a private individual and it may or may not be registered. If the person who acquires the property according to a will wants to sell it the buyer may ask for an authoritative assurance from the buyer that he has actually title for the property. Just a will alone may not satisfy the buyer even if it is registered. A probate on a will is an authoritative order of a court confirming that the property now belongs to the person or persons named in the probate. Such a document will inspire confidence in the buyer of the property. As already mentioned by many above, a probate is compulsory in the three metropolitan cities. The probate may also be liable to heavy stamp duty by the State Government. In places, where no probate is required, the rights conferred by a will may be disputed or could be ambiguous. No buyer will touch that property with a pair of tongs. Even if the testatee does not want to sell the property he may like to assure for himself that the property actually belonged to him. How can he do that? He can apply to the court having jurisdiction, for an order that the property actually belonged to him. The court would issue such an order after due verification processes. What is that order? Can one call it a probate? At least a probate is such an order.