Geetha Gupta (Director) 14 October 2018

Probate without consent from left out legal heirs

Hi all,

A will favouring one legal heir is likely to be challenged by the left out disgruntled legal heirs.

Is it possible to probate this without getting the consent of such heirs?

Thanks and Regards,

Geetha

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5 Replies

SOLOMON.RAJ (advocate/director) 15 October 2018

Miss Geetha

Was the will deed registered???
Secondly is the Author still alive.???

Adv Solomon Raj
Advocate High Courts of AP &TS
Bharat Gaurav Samman Awardee.
ph.98665450i6
Email. rajcarey@yahoo.com

vinay_2431 (engineer) 15 October 2018

Hello Soloman raj sir,

will needs to be regstered?? can it not be legal if the will is not registered??

Thanks,

Vinay.

Geetha Gupta (Director) 15 October 2018

Solomon ji,

Thanks.

No, the will is not registered and the author is no more.

But am thinking of registering the will now, u/s 27, 40 & 41 of The Registeration Act, 1908.

Vinay ji, it is not mandatory to register a will. Unregistered wills are equally valid. But resgisteration adds to the comfort levels of a beneficiary who is likely face challenges over executing the will.

Regards

Geetha

Vijay Raj Mahajan (Advocate) 15 October 2018

To make the Will operational you need to get it probated from the civil court and for probation process notice to all heirs of the deceased has to be served as well newspaper publication by the civil court. How can you avoid this procedure and move ahead with probation of the Will.