Is probate necessary
Aakash Singhal
(Querist) 09 November 2014
This query is : Resolved
My name is Murari lal Kandoi and I live in Jaipur. I have 3 younger brothers, one elder sister and mother. In 1995, I bought a property in name of my father. In 1999, I made a notarized will from my father in my favor. In 2005, I took a loan from bank on that property. My brothers and my parents and my wife were the co applicants. In May 2007, my father expired, After one month, I made a registered Haq tyag from my other family members in my favor. Also I made a top up of that loan after that. This time me and my wife were the only co applicants. After few years, the installments were completed and i went to take the property papers but the bank refused and asked for a probate or a name transfer certificate. My question for the experts is that in that notarized will my father wrote that he had 4 sons, 1 daughter and wife which proves that we all are the legal heirs of that property and then the Haq tyag (registered) proves that I am the property owner. Then why do I need to get a probate (as I have heard that will made in plane paper is also valid)
Devajyoti Barman
(Expert) 09 November 2014
Probate of Will is mandatory in many states including WB.
So check with your local lawyer whether it is so in Rajasthan or not.
If so then without Probate the Will has no value.
Rajendra K Goyal
(Expert) 09 November 2014
You have asked various query on probate in separate threads, use one thread for related questions on the subject.
Kumar Doab
(Expert) 10 November 2014
Agreed with experts.
