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Applicability of probate in state of madhya pradesh

(Querist) 12 March 2013 This query is : Resolved 
We have a case where the deceased have left property behind him with will in the name of his spouse which is not registered. It is on simple paper. Basis the said will the spouse got her name mutated in he records of the Nazul, Bhopal.

There are three sons of the deceased and now there is dispute among them.

Pls advice that the spouse of the deceased can be considered a sole owner or we need to ask some other docs to establish the right over the property.

prabhakar singh (Expert) 12 March 2013
The registration of will is not required in law.

probate would be issued only if any executor is appointed in the will by the testator.

Otherwise only letter of administration would be issued.

Court having jurisdiction to issue any of the two would be court of District Judge.

as the will is unregistered it would be desirable to have probate/or LoA ,as the case may be as it shall put end to all future disputes with regard to will.
Raj Kumar Makkad (Expert) 12 March 2013
Nothing to add more in the given reply.
ajay sethi (Expert) 12 March 2013
advisable to get probate .


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