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Amita   26 May 2021

Question re: will and need of probate

Hello. A senior citizen passed away after making a will (not registered). There are absolutely no disagreements or issues amongst his children in this regard.

One of the witnesses passed away last year whereas the other one, a Covid-19 patient, died a few weeks ago. 

The house needs to be transferred in the name of the child as per the will. 

The local government office is asking them to obtain a Probate. However, is this actually necessary ? Again, no issues amongst the children who are willing to be present before the concerned officer or submit a Notarized statement, if necessary.

Kindly advise. Thank you for the help.

Amita



Learning

 4 Replies

Janakraj Vatsa   26 May 2021

probate of a WILL of a deceased is essential to execute his desire into practicality through the civil court.

Advocate Bhartesh goyal (advocate)     26 May 2021

If questioned property is situated In presidency towns I.e Mumbai,Kolkata & Chennai also in Delhi then you have to seek probate else not.

Shashi Dhara   26 May 2021

When their is no dispute ,it is the duty of authority to change it .

Amita   27 May 2021

Thank you so much for the responses, Ld. Seniors. Appreciate it.

That's what I thought so too (that it should be done), since there is no disagreement amongst the children of the Testator.

However, the local City Survey Officer asked them to obtain a Probate.

Any thoughts on how to deal with him ? Is there anything in legal terms that we can ell him to get this done ?

Thank you once again for all the assistance.

Amita


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