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rautsan (service)     06 September 2011

Probate or succession certificate

Need advise on following situation:

a society member expires & there is no nomination filed with society.

The heirs come with application & a copy of will from the decesed member which is not registered.

should society ask for probate of will or succession certificate from the heirs for transfer of shares.



Learning

 1 Replies

kvss.prabhakar rao (Advocate )     02 October 2011

Will is not required to be registred under law it can be accepted it is unregistred one. But  profounder of will must remove all reasonable doubts that the said will executed with  no suspecious circumstances. Now comming to probate some state like Andhra Pradesh probate have no application But you did not metioned where you have stayed. If society not accepteed the will he must file declaration suit based on will.

K.V.S.S.PRABHAKAR RAO,

ADVOCATE, 

RAJAHMUNDRY (A.P) Mobile 09440152181


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