will registerd
jayantha
(Querist) 27 September 2016
This query is : Resolved
Dear expert,
I am a banglorean from karnataka,
1)is it compulsory to probate the registered will?
Kumar Doab
(Expert) 27 September 2016
NO it is not so, even if the WILL is not registered.
kavksatyanarayana
(Expert) 27 September 2016
Yes. I do agree with the advice of Mr.Kumar Doab ji.
Raj Kumar Makkad
(Expert) 27 September 2016
A probate is required only under following circumstances :
(i) All wills of Hindus etc made on and after 1 September 1870, within the provinces of Bengal, Bihar, Orissa and Assam and within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay.
(ii) All such wills made outside the territories mentioned in (i) above relating to immovable properties situate within the said territories must also be proved and probate thereof obtained, before any right as executor or legatee can be established.
(iii) Wills other than those in categories (i) and (ii) above made before 1 January 1927, i. e to say, such wills made outside the territories mentioned in (i) above, relating to movable property situate inside or outside the said territories or immovable property situate outside the said territories are not required to be proved or probated [see s 213 (2), infra].
(vi) Where a will is not executed within the territories mentioned in para (i) or the will does not relate to property situate within the territories mentioned in para (ii), sub-s (1) of s 213 is not attracted.
In your case, since the will is executed in bangluru and moveable property is involved such a will does not attract provisions of section 213 of Indian Succession Act, 1925. Therefore such a will is not required to be probated.
Rajendra K Goyal
(Expert) 28 September 2016
Well advised, agree with the expert raj kumar makkad.
Rajendra K Goyal
(Expert) 28 September 2016
Repeated query:
http://www.lawyersclubindia.com/experts/will-618061.asp
Kumar Doab
(Expert) 28 September 2016
Why to repeat?
Raj Kumar Makkad
(Expert) 28 September 2016
If the query was repeated then it is very bad on the part of author. Why are you happy with your previous thread?
Rajendra K Goyal
(Expert) 29 September 2016
Repeating is bad habit, misuse of the site.
