Clarification on Probation of a Will
Baskara Narayanan
(Querist) 12 November 2015
This query is : Resolved
Dear Sir/ Madam
I am in need of few clarification regarding the necessity of Probating �a Will.
1. The will was registered at Karaikudi Sub Register office in Tamil Nadu in favour of the executors daughter -in - law.
2. Subsequently after a year the executor passed away leaving behind the executed will.
3. It is almost 21 years have passed after the demise of the executor. The will dosent have any specific details about the properties and other bank details. It has only highlighted generally that all receivables, movable and immovable properties present and anything that comes after my death will go to his daughter in law.
4. Incidentally there are few properties in chennai, now while taking steps for selling a property the prospective buyer insist for Probation of Will.
5. Does a registered will requires a Probation?�
6. There are 4 daughters alive along with the son, if we move for probate we anticipate the daughters will raise an objection, whether these objections have any legal standings?
Kumar Doab
(Expert) 12 November 2015
It is mandatory to probate the WILL in presidential town.So the buyer is right.
Registered WILL fetches more reliance and may not be set aside on the counts of authenticity.
The WILL has duly been executed and there has been no cloud on it all these years.
It is felt that no one may frown on such WILL.
However you may show all docs on record to an able counsel specializing in such/family/property/civil matters and proceed further under expert guidance of an able counsel.
Rajendra K Goyal
(Expert) 12 November 2015
Proceed for probating of the will. The objection from the daughters may suitably countered. Registered will has got more reliance.
Hemant Agarwal
(Expert) 12 November 2015
1. Find another Buyer for the property, IF there is anticipation of disputes on the will.
Keep Smiling .... Hemant Agarwal
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