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surinder kaur (Asso. Prof)     26 September 2014

Probate

Sir,

My grandparents have left registered will in my favour leaving no immovable property but only two fixed deposits of Rs 50000/. Some S.P. Singh had suit a case in local civil court against the will, which was dismissed by the Honourable Judge Now I requested the Bank Manager to settle the claim  through registered will.But he is pressuring to get the will probated, even  all the things belong to Uttar Pradesh. As I know probate of the will is not mandatory in UP, the bank authorities are not ready to settle the claim, even complaining to higher authorities.

I am so much harassed in this claim settlement and could not understand the need of probation of will for a small amount of just rs 50000/

Sir is there any Supreme Court decision regarding no need of probate in UP. If so please suggest me for this.

Hope a justified reply.



Learning

 1 Replies

Hardeep (Business)     26 September 2014

See :

 

Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995
held :

22. A combined reading of these provisions would show that where a party to the will is a Hindu and the will is made in a territory other than those mentioned in Section 57(a) and properties in dispute are not in Bengal, Bombay or Madras, Sub-section (2) of Section 213 of the Act applies and Sub-section (1) has no application...

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

 

 


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