Probate of will
rajan
(Querist) 20 July 2013
This query is : Resolved
My mother has made will and registered.I heard that since the will is registered I don't need to go for probate as the law is either changed by central government recently or prevails laws of Hindu says so . Please confirm that the same is correct.
Only for christian probate is required not for hindu .Could I show the will as document and make gift deed of property to my wife.
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
If the mother has bequeathed property to the wife, then you can directly get it registered in her name. Why you want to make a gift deed. If gift deed you make, two situation will arise. It has to be signed by your mother and it attracts huge stamp duty since your wife will not be covered in the definition of family.
Rajendra K Goyal
(Expert) 21 July 2013
Probate is not necessary in some places, but it is always better to get the will probated.
It does not make difference that the will is registered.
prabhakar singh
(Expert) 21 July 2013
What ever you heard is wrong.
Obtaining probate (where executor is appointed in Will)or a letter of administration(where no executor is appointed in Will)is must in mumbai, kolkata,n chennai.There may additional notified locations.At other places it is optional.Registration of Will is optional but it does not have any concern with Probate or LoA.
Even where it is not necessary to apply for probate or LoA,one should apply as it gives
opportunity to prove the will against every body in the world and it's judgement is called judgement in rem.So one does not need to prove will every time a dispute comes.
If will talked about is in favor of wife no gift deed is required but if it is in your favor and you want it to be in your wife's name then the same would be required.
Raj Kumar Makkad
(Expert) 22 July 2013
I strongly endorse the advice of Mr. Singh.
