LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

T.MUTHUVELU (DOCTOR)     12 January 2013

Probate

I WANT TO MAKE A WILL  AT CHENNAI BEQUEATHING MY MOVABLE PROPERTIES LIKE BANK DEPOSITS SHARES MUTUAL FUND DEOSITS AND JWELLERY TO MY SON ..SINCE THESE DEPOSITS  ARE DEPOSITED IN CHENNAI BANKS WILL PROBATE OF THE WILL BE REQUIRED?



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 January 2013

Probate will be required only at the stage of the beneficiary of the Will making claim to the properties bequethed to him. In the case of immovable properties, probate would be required in certain places  in India for the purpose of mutation of the property in favour of the testatee. Also a probate would be useful, If the testatee wants to sell the property, as the buyer would like to make sure that the seller has the tile to the property.

In the case of items listed by you, nomination facility is available for all except jewellery. If you give nomination in favour of your son to the Bank, they will transfer the property to your son on his claiming, with your death certificate. The only risk is that someone else can dispute the tranfer of the property to the nominee, as the right of the nominee is only to hold them. In order to protect your son,  from any such counter-claim, you may fear,  you can also write a Will additionally. If there is a likelihood of claimants other than your son, it would be better, if you mention the reasons for bequething to your son only.

As for jewellery it is matter of possession only and there are no paper records unlike other properties. If you include that also in your Will, that would be enough.

Advocate Vishnu (Advocate)     21 January 2013

Dear Muthuvelu,

A probate of the WILL is a compulsary procedure in case if there are number of legal heirs. Pl go for registered WILL bequeathing all the liquid assets in favour of your son so that the process of transfer is easy . The most important aspect of law is that you may execute your WILL only to the extent of your self acquired properties or to the extent of your share in ancestral property. The bank may release the money to the nominee based on an indemnity bond,or may sometime seek a succession certificate from the court depending on the amount money/valuables to be handed over to the nominee.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register