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Anup bhatia (service)     26 October 2009

Probate of Will

Is a probate required for a registered will  in the city of Pune or is it OK to go ahead and execute the will for transfer / sale of property ? Also does Indian law  treat a registered will on a leasehold and a freehold land seperately?



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 5 Replies

Suchitra. S (Advocate)     26 October 2009

S8ivakumar Sir, probate is needed to execute a will. It is necessary if the property is in a single name of the person died. If it is in the joint name, then, proate is not needed.

Anup bhatia (service)     26 October 2009

Suchitra
Thanks for your quick reply. I am actually referring to a property which is jointly owned. Both the owners have died and one of the owners, that is the wife (my grandmother) has left a registered will in my name. So as per your suggestion, no probate is required for this will as the property is in the joint names of my grandmother and grandfather. Is this right??

Thanks

Sivakumar

Anil Agrawal (Retired)     26 October 2009

 Will has to be probated. If there are other legal heirs besides you, what happens?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

Joint means one of the co-sharer who had made will has died and another co-shrer is alive. In the given circustances u will have to get the will probated.

Anil Agrawal (Retired)     29 October 2009

 It is a figment of imagination that a regd will is superior or a will written on a stamp paper is more valid.

All Wills have to be probated. Regd will not give you extra mileage or authority to divide property.


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