Is probate compulsory?


Hello,

A has will-ed a plot to B. B wants to take loan for construction. Is it compulsory to probate the WILL? or just attach copy of WILL with other relevant documents for loan.

If probate is compulsory then what all things the court will ask?

Many thanks,

Laxmin.

 
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instructor

if the plot is self owned by A , then there is no need to go for probate the will , B just have to apply for mutation and when B became owner of the plot then B can apply for construction loan .
 
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Many thanks Joshi sir. Here A got the plot thru WILL from X. Your above answer still holds good? I mean a person who got a plot thru WILL is his self earned or ancestral?

Thanks again

Laxmin

 
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Advocate

For practical purposes it acquires the features of self Acquired property. It is definitely no ancestral property.

 
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Legal Consultant

Dear Mr LaxmiNarayan,

Before answering your query. you need to let us know where exactly the property is located in India.

Because when it comes to probating a property,make sure where your property falls in line with below 


"Probate is not required for wills made by Mohammedans, Indian Christians, Hindus, Buddhists, Sikhs, Jains in the following cases: a) Outside the territories of Lieutenant Governor of Bengal as on 01/09/1870, b) Outside the local limits of ordinary original civil jurisdiction of High Court of Madras, Bombay, c) Wills in respect of immovable properties outside the above limits, d) Parsis dying after the commencement of Indian Succession Act 1962 and wills made outside the local ordinary original civil jurisdiction of High Courts at Calcutta, Madras, Bombay. Wills in respect of immovable properties situated outside the above limits"

 

Thanks,

Chella.

 
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