charu (na) 16 January 2010

Is Probate of Will Compulsory?

Hi.

My parents jointly own a house in Pune, Maharshtra. My mother, the first holder, executed a will in Mumbai. She has bequethed her share in the property to me. The will is not registered.

My mother passed away in 2007. Please advise if it is compulsory to get the will probated. There is no dispute amongst my family members, but why spend Rs 75,000 unnecessarily?

Alternatively, is it possible to not consider my mother's will and instead request the housing society to transfer her share to my father (who is anyway the joint holder)? Again, this is just to save the Rs 75,000 stamp duty.

Your opinions will be much appreciated.

Thanks.

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8 Replies

Gulshan Tanwar (Advocate) 16 January 2010

Hindu Succession Act comes to your rescue and you become the co-owner of the mother's share in the joint property along with other children of the deceased. It is better to go for registration else in future there might be problems regarding the validity/ effectiveness of the Will. Earlier the better and it is better to give money to Government as Honesty is such a great policy which cannot be counted in terms of money. If you want specific procedure, then mail us as PM bcoz it is not advisable to say openly as my other brethren will :)

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Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 16 January 2010

HAIR OF A DECASED GET FREE TRANSFER OF PROPERTY. PL CHECK IT.

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V. VASUDEVAN (LEGAL COUNSEL) 17 January 2010

Dear Charu,

1. The will has to be probated only if the property (immoveable) property is situate at the original jurisdiction of the High Court of Bombay. In your case this question does not arise. Also since the property is in the joint name of your mother (deceased) and father, the following are the simple steps:

1. Deletion of your mother's name from the title, by the society (production of death certificate would suffice.

2. Provide an attested copy of the will and a simple indemnity jointly executed by your father and your self, based on which your name should be added in substitution of your mother.

There is no stamp duty required. Please do not spend any money for this purpose.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 January 2010

I agree with Mr.Vasudevan.

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shrikant chede (law officer) 18 January 2010

I agree with Mr.Vasudevan.

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Shamsheer Pal Singh Dhillon (law associate) 18 January 2010

I strongly suggest you to get the will probated. In case you don not then this would be your inherited property and in the long run God forbids your upcoming generation can have a fight over the property as it would be inheritted in nature and that it is probated.

No cost is more than peace of mind.

Rest you are the best judge,

Shamsheer Pal Singh Dhillon

(Advocate)

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