About property title through Probate

Querist : Anonymous (Querist) 23 July 2010 This query is : Resolved
My father, his brothers and his father(my grandfather) partitioned ancestral properties through an unregistered but notarised partition deed in the year 1986. Based on that unregistered but notarized partition deed everybody have got the properties mutated in their respective names, i.e. in property tax records and pattadar passbooks and have been enjoying their respective properties peacefully.
My father Willed away the above mentioned property and also some of his self acquired property (i.e. properties which he bought from his salary as he was an employee) between me and my sister.
Now I have applied for Probate. Does Probate give me full title with respect to the properties(both ancestral as well as self acquired) assigned to me as per the Will. In respect of ancestral properties (i.e. properties which my father acquired through unregistered but notarized family partition deed of ancestral properties) assigned to me do I get full title on those properties through Probate.

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Guna Shekaran R (Expert) 23 July 2010
Yes No doubt about it. You and your sister get absolute title over the property which you have applied for probate.

Devajyoti Barman (Expert) 23 July 2010
Do not forget one thing that the probate only proves the genuineness of the Will only and it has got nothing to do with the title of the property mentioned in the Will. Mere granting of probate does not establish the beneficiary as the owner of the property bequeathed by the Will if the testator himself does not have any title over it.
In your case the probate only establish your title over his self -acquired property but not on his ancestral property which is to be divided amongst all his legal heirs equally.

Chanchal Nag Chowdhury (Expert) 24 July 2010
I fully endorse Mr. Barman's views. However, there is an exception--if U R a Bengalee, U R guided by the Dayabhaga School of Hindu Law in which case,U get full title on those properties through Probate.
If U R a Muslim, your father could have could have bequeathed only 1/3rd. of his property through Will.

s.subramanian (Expert) 24 July 2010
Mr.Burman's view is right.

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