LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Trinadh   11 August 2016

Will mutation

If noc given by all legal heirs then probate is compulsory for unregistered will? As of my knowledge probate takes long time so is there any alternate process?


Learning

 4 Replies

Kumar Doab (FIN)     11 August 2016

The authority under whose jurisdiction prtoeprty falls may act upon the WILL if all sign NOC.

Check on your own.

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 August 2016

It depends upon the city where the property forming subject matter of the will is situated. As such in three or four cities across the country, probate is dispensed with. However the same requires probate in the other states.

Even otherwise getting a probate done is always on the safer side as the same ensures that the said property stands free from any futue interference due to the conclusive nature of section 42 of the Evidence Act.

It doesnt take that much time if the remaining legal heirs do not decide to contest. But yes certain amount of court fee is invovled.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Trinadh   11 August 2016

Im from a small city in andhra pradesh state. probat of will is compulsory here?

saravanan s (legal advisor)     12 August 2016

Probate of will is compulsory in Chennai, Mumbai and Kolkata.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading