is probate of will necessary

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
is probate of will necessary apart from metropolitan city ? if it is not necessary for other town or cities please quote the law. or where it is defined.

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V.Mahadevan (Expert) 19 April 2011
Please refer to section 123of the Indian Succession Act,1925 which requires probate of WILL to be obtained for immovable property sitiuated in Mumbai.The same will apply though a WILL is made outside Mumbai in respect of such property located in Mumbai.
Probate issued by a Court of competent jurisdiction enables the legatee/ executor to deal with the property.
Unless so specified this would not apply to other locations.

Arun Kumar Bhagat (Expert) 22 April 2011
It is necessary.

Satya nand aggarwal (Expert) 04 June 2014
Probate Is not necessary as in case of immovable property you can file declaration suit and in case of amount lying in the name of deceased you can obtain a succession certificate. See section 373 of the act on wards for succession certificate.