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Sanjit (Research Scholar)     06 April 2014

What is the importance of a property will

Respected Sir

This is Sanjit Sarkar, resident of West Bengal. I want to put a quarry on this forum regarding the importance and probate of a will. We have a property in the name of my grandmother who died 2 years ago. She made a will on registered stamp paper before her dead where she mentioned my father as executor or beneficiary of that property. Here I want to inform you that my father has one brother and two sister and they all are married.

 

Now I want know, is that will valid? Whether my father will be able to claim for that piece of land based on that will? Is the probate necessary?  How to do probate of that will?  On which ground my uncle can challenge against my father’s claim  for that will.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 April 2014

Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.  A probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate.  TO WHO CAN A PROBATE BE GRANTED Probate can be granted only to the executor appointed by the will.

T. Kalaiselvan, Advocate (Advocate)     07 April 2014

Under the circumstances you are in at present, grant of probate to the Will becomes essential to prove the Will especially since there are two other children of your grandmother for whom nothing has been mentioned in the said Will.  Once the Will is probated, the beneficiary has full rights over the property bequeathed in his favor through said Will.

Sanjay Gautam (Advocate)     11 April 2014

My Ld. Friends already explained the meaning of probate. I just like to add as the will is in favour of your father, your father is the absolute owner of the property mentioned in the will of your grandmother. Probate is not necessary in India at present and only Will can also serve the purpose. While getting the Probate, you need to serve notice to your uncle and aunts and once all the proceeding is over and probate is granted in your fathers favour, all your worries in future would be gone but yes Probate and even will can be challenged in court of law. 

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