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Chandrakant   08 May 2017

Registration vs. probation of a will

If a Will is registered with a Government body, does it need to be probated?


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 May 2017

Registered WILL is required probate order. After receiving the application, the court issues a notice to the relatives of the testator to file their objections (if any), for the granting of probate of a will. A general public notice is also given in a newspaper.
 
If there are no objections raised and/or if the Court is satisfied that the Will in question has been validly executed, it will grant probate of a will only to the executor named in the Will.
 

1 Like

Kumar Doab (FIN)     08 May 2017

It is mandatory to probate the WILL at presidential towns of Mumbai,Kolkota,Chennai.

It is not mandatory to probate at other locations.

 

 

Kumar Doab (FIN)     08 May 2017

Any WILL can be contested.

If contested WILL lands up in probate court of pecuniary jurisdiction.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 May 2017

Registration of the Will, if so felt, is done during the lifetime of the testator. Probate is obtained by the beneficiaries after the death of the testator. In places like Mumbai probate is not only compulsory but also attracts heavy stamp duty.


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