Will not probated
rakesh
(Querist) 29 September 2012
This query is : Resolved
Sir
My father executed his WILL in Mumbai ten years back. One of his main properties was outside Mumbai where govt. office did not insist for probate but on their insistence WILL was registered after death and application to transfer property in my name as per WILL was made. When no heirs objected to this transfer in response to notices sent by collector property was transferred in my name.
Now suddenly after ten years, one family member has raised objection on ground that since WILL was executed in Mumbai (where probate of WILL is compulsory) and no probate was taken WILL becomes null and void and status is father died intestate so property should be divided among heirs as per succession rule.
1) By not taking probate of WILL where it is mandatory, does WILL become null and void?
2) I am told that since this objection justifies application for probate after so many years, court may consider probate application even after expiry of limitation period to apply for probate.
I’ll be grateful if experts can resolve above two issues, preferably with some case laws if possible.
ajay sethi
(Expert) 29 September 2012
REPEATED QUERY .
rakesh
(Querist) 29 September 2012
I did not get it.sir.
ajay sethi
(Expert) 29 September 2012
you had raised this query earlier . i had replied in detaild and also mentioned case law . subseqnelty Mr Anirudh had alos relied upon suprem court judgement and answered your query . please dont repet same queries
rakesh
(Querist) 29 September 2012
there seems to be some coincidence,sir. i'll be glad if you can answer in brief.
ajay sethi
(Expert) 29 September 2012
will dosent become null and void because no probate was obtained . you di not take probate because there was no dispute among family members . generally probate application has to be made within period of 3 years . if there is delay in applyiing for probate delay has to be satisfactorily explained.
rakesh
(Querist) 29 September 2012
Thank you very much,sir
R.K Nanda
(Expert) 30 September 2012
repeated query.
Hemant Agarwal
(Expert) 01 October 2012
1. The Probating of a Will is dependant on the location of the property AND not on the location where the will is probated.
2. Eg.... IF the property is in Pune and the will is executed in Mumbai, THEN the will is not required to be probated.
3. Eg.... IF the property is in Mumbai and the will is executed in Pune, THEN the will is required to be probated, in Mumbai jurisdiction.
4. Probate has got nothing to do with the will becoming null & void, irrespective of the number of years that has passed (i.e. limitation period). Probate is necessary ONLY when the property has to be mutated, on the basis of a Will (registered or unregistered is immaterial).
Keep Smiling .... Hemant Agarwal
rakesh
(Querist) 01 October 2012
Thank a lot,Hemant Agarwal sir
Guest
(Expert) 01 October 2012
Agree with the experts.
MohammedRaffiq Bijapur
(Expert) 02 October 2012
Lovely answer given by Hemant Agarwal
To add more i would say that since one ur family member has raised objection as to the execution of You can defend ur right under the said Will if any suit is brought against u by said member.
