Probating a will
sanjaygupta5760
(Querist) 25 June 2011
This query is : Resolved
My father passed away recently. In his will (which has not been registered but has been notarized), he has left his property in New Delhi to me, my brother and 2 grandchildren. Do I need to probate the will ? also are there some good law firms in New Delhi who can advise us ?
Thanks
Sanjay
prabhakar singh
(Expert) 25 June 2011
Do I need to probate the will ?
yes,probate needed
sanjaygupta5760
(Querist) 25 June 2011
Thank you Mr Singh for your reply, Why is probate required, in my mind a will is there and the assets will be distributed according to it.
abhishek
(Expert) 25 June 2011
a probate is necessary to authenticate the will.
prabhakar singh
(Expert) 25 June 2011
since property is in New Delhi probate or
letter of administration,as the case may be,is needed for probate is applied only when an executor is appointed in the will.
R.Ramachandran
(Expert) 26 June 2011
Dear Mr. Sanjay,
Your query: "are there some good law firms in New Delhi who can advise us?"
Answer: Yes, If you are interested, and if you so wish, you may contact me.
Guest
(Expert) 26 June 2011
Dear Sanjay,
I would also like to recommend Mr Ramachandran for your present job.
Arun Kumar Bhagat
(Expert) 26 June 2011
A will without probate has no value in the eyes of law.
H. S. Thukral
(Expert) 26 June 2011
Probate of will is not required in Delhi. property can be mutated in the name of either legal heir if other heirs release their share in his name. Probate shall be necessary only if there is any objection from any quarter.
Advocate. Arunagiri
(Expert) 26 June 2011
For distributing the property among the legal heirs, you may contact our friend Mr.Ramachandran AOR, Delhi.
Probate of will is not mandatory in Delhi. See an attachment - Delhi High Court order on WILL and probate.
Somnath mukherjee
(Expert) 26 June 2011
Probate is very necessary in this case otherwise Your brther may claim the property.the choice of your firm is according yours.You may contact Mr. Ramchandan
R.Ramachandran
(Expert) 26 June 2011
Dear Mr. Arunagari,
Thanks for the referral.
But let me clarify, I am only an Advocate, not AOR.
Regards.
sanjaygupta5760
(Querist) 27 June 2011
One question in response to Mr Harbhajan's reply - does one brother have to release his share before the property can be mutated? Can the property not be mutated in both brother's names?
There is no dispute between the two brothers. However, some one we talked to seems to think that probation is necessary since the grandchildren, who are not class 1 inheritances, are also mentioned in the will, probation will be necessary. Is this reasoning correct?
Regards
H. S. Thukral
(Expert) 28 June 2011
Inheritance is relevant when there is no Will. Yes property can be mutated in the name of all the beneficiaries jointly. Well, if some objection comes from other legal heirs then Probate may be required. The Will can also be proved in any suit subject matter of which is the Property as per Evidence Act.
