srinivas chavali 22 October 2019

Will probate

My father expired recently & he has left a will giving 100% to my mother. We are 2 brothers. Should both of us give no objection certificate to get probate from court? Is it required to be signed in court or letter can be given

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Real Soul.... (LEGAL) 22 October 2019

Every will does not need to be probated, though in some states probation of will is mandatory. You have not mentioned what 100% he gave ,his owned property or his share from ancestral property; cash or what???

Provide details to get proepr advise.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 22 October 2019

Originally posted by : srinivas chavali
	My father expired recently & he has left a will giving 100% to my mother. We are 2 brothers. Should both of us give no objection certificate to get probate from court? Is it required to be signed in court or letter can be given

1. IF the immovable property is in Mumbai, Calcutta or Madras, THEN the WILL of the deceased has to be mandatorily be Probated.

2. IF the Will document is to be probated, THEN there is no need for "consent affidavit" of other legal heirs. AFTER probate of will, the Probate decree would be legally binding on all the residual legal heirs of the deceased person.

3. IF there was no Will document, THEN you would need to get a "Letter of Administration" from the High Court and therein, all the residual legal heirs would have to file their "consent affidavit", before the Court Registrar /Officer.

Keep Smiling .... Hemant Agarwal
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