probation of a will

Querist : Anonymous (Querist) 21 August 2010 This query is : Resolved
Is probating a Registered Will compulsory in the state of Orissa ?
Or mutation can be effected without probation the will ?

Follow Query

Report Abuse

Chanchal Nag Chowdhury (Expert) 21 August 2010
Probate & Mutation are completely different things.
Probate gives validity to the Will while Mutation is the recording of one's name in the records- It has nothing to do with title to the property.
Probate is compulsory if U want to claim anything by virtue of the Will.Mutation can be effected without Probate but U will have to suppress the existence of the will. This may be legitimate provided there are no other heirs or they have consented to it. U will, in that case,cannot take the benefit of the will & the succession will follow as in case of intestacy.

s.subramanian (Expert) 21 August 2010
Yes.Mr.Chanchal is right.

H. S. Thukral (Expert) 22 August 2010
Yes Probate is required before you establish your right on the basis of a Will in Orissa. The Authority will inquire into this aspect before mutation of property takes place in the name of legatees.

Devajyoti Barman (Expert) 23 August 2010
Yes manadatory

c n vittal rao (Expert) 26 August 2010
If the deceased testator is a hindu probate is not compulsory to get the benfit of the will mutation can be made without reference to awill but how the person seeking mutation is entitled to the property has to be established satfactorily

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now