Rahul 21 December 2016

Revenue records and will

Hi,

generally in old agricultural land records in gujarat, Village Form Entries in respect of Will is available in various lands previously in 60's after the death of testator TAlati is recording Death Entry and Will details in Village form records and bequest the right of land to the benificary of will(son/grandson )

my question is that wheather village account/tehsildar is entitle to transfer the right by virtue of will without any probate?

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4 Replies

Kumar Doab (FIN) 21 December 2016

It is mandatory to probarte the WILL in presidential towns of Mumbai,Chennai,Kolkota.

TO act upon the WILL the authority under whose jurisdiction property falls usually ask for ;NOC from legal heirs (other than beneficiary), ask/release advt in 2 newspaper ...................

If there are NO objections; WILL may be acted upon.

If there are objections; WILL may land up Probate Court.

Check with concerned authority.

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Laxmi Kant Joshi (Advocate ) 21 December 2016

In gujrat probate of will is not mandatory if there is no dispute then the authority after publishing the same in the news paper that if anyone has any objection can raise the objection otherwise after 35 days the property can transferred to the benificery.

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Laxmi Kant Joshi (Advocate ) 21 December 2016

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