Probating a will
gopalaswamyb
(Querist) 17 November 2011
This query is : Resolved
My father died in 1991. myself and my brother are the benifieries of immovable property.we signed affidavits in 1995 documented by an advocate for having taken possession of our portions. we pay tax etc independanty. My brother has applied for letters of administration / probating which is still pending. I understand that there is no need to probate for the properties in
chennai if the partition is with in blood relations. secondly we are living separately in our portions since 1995 and no one hasclaimed for this portion. does it not prove that the will which is registered is genuine and where is the necessity to probate when the intention of the law is proved by our long stay.
B GOPALASWAMY
Sankaranarayanan
(Expert) 17 November 2011
even it is not required , probate the will is additional advantages for you in future
Rajeev Kumar
(Expert) 17 November 2011
Mr.Narayanan is right
Devajyoti Barman
(Expert) 17 November 2011
If taking of probate is not mandatory in your city then it is ok.
However in most of the cities including whole of WB , taking probate of Will is mandatory.
