Is probate of will required for selling a property

HARSH MUNJAL (Querist) 24 May 2012 This query is : Resolved
is probate of will compulsory for selling a property which is acquired thru registered will. property is in haryana

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Rajeev Kumar (Expert) 24 May 2012
Yes probate of will is necessary for transfer of property. A property acquired by will then it must be probate

Deepak Nair (Expert) 24 May 2012
It is always advisable to go for probate of the will to make the title clear.

adv. rajeev ( rajoo ) (Expert) 24 May 2012
If it is regd., then you need not to go for probate. If any body is challenging it then it is necessary.

Nadeem Qureshi (Expert) 24 May 2012
agree with experts

Adv.R.P.Chugh (Expert) 24 May 2012
Probate is not necessary in Haryana, but always preferable because the will gets legal sanctity and since it is proved in a court of law - it settles the matter, and you can pass a clear title. However you anticipate problems in proving will (for eg : attesting witnesses playing smart) it is always advisable not to initiate a probate and transact if possible just on the basis of unprobated will.

Naresh Kudal (Expert) 24 May 2012
In State of Haryana probate of will is not necessary.

Suhail A.Siddiqui (Expert) 25 May 2012
Although will's probate is different state to state, but there is no bar in getting probate in all the Indian States. for the satisfaction of purchaser u may required probate.

Shonee Kapoor (Expert) 30 May 2012
It is not necessary in Haryana, but it is better to get it done.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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