Probate

YATIN (Querist) 25 September 2012 This query is : Resolved
Sir

My father executed his WILL at Mumbai but had no immoveable properties in Mumbai but outside in non metro cities. We were told probate in our case is not necessary. Can i have reference to any recent highcourt or supreme court judgement validating this view?

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Raj Kumar Makkad (Expert) 25 September 2012
It shall be better to obtain such citation who told you that no probation of the will is necessary in your case because i differ with the views of that person.

V.Mahadevan (Expert) 26 September 2012
Probate is not compulsory for establishing rights for property situated outside territory of Original Civil jurisdiction of High Court of Bombay, Madras or Calcutta.
AIR 2001 Sc 1151.Rel on Minexben Shashikant bhai Patel v.Dist. Collector AIR @007 (NOC 661 (Guj)