Harish Patel 14 February 2018

Probate of will required in surat

We are 3 brothers. Ancestral property (Agricultural lands)in Surat,Gujarat is divided in 4 equal parts. 3 for brothers and 1 for my parents. I have been given the part related to our parent by will as i have taken care of my parents till their death.

I got my name entered in 7/12 for this land (received by will). Brothers objected the same.The lower court gave judgement that will need to be probated. I have below questions.

1) In process of probate what type of objection can be taken by my brothers ?

2) Whether these objections are sustainable?

3) whether probate is necessary for property in Surat?

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4 Replies

Vijay Raj Mahajan (Advocate) 14 February 2018

Yes probation of Will necessary step for execution of the Will anywhere in India including Surat. Didn't your Gujarati lawyer tell you about this? The objection with regards to validity of Will can raised by all or any legal heir of the person making Will and the Civil Court shall decide this issue before probating the Will. The time taken for the process can not be stated in clear words, it's civil matter may take months and even many years. Till the process is complete the property distribution/division will remain pending.

v ganapathy (GM(Mech)_retired ) 15 February 2018

The views of lawyers on probating the will are conflicting.some say ,the wills pertaining to properties situated in Calcutta(west Bengal),Bombay(Mumbai) and city of madras(Chennai)-basically the port cities of British Raj - only need to be probated and other wills need not be probated.can any one offer concrete and correct fact.

v ganapathy (GM(Mech)_retired ) 15 February 2018

As i also would like to get clarification about the necessity of probate of the will pertaining to a property situated in kanchipuram judicial district even now but included into Chennai revenue district in 2011.i request experts to clarify.