Probation of a "will registered" in delhi -- mandatory or not?

Rinu (Querist) 09 September 2015 This query is : Resolved
The property is situated in Delhi.
The will had been registered in Delhi.
Probation is mandatory or not?

Kindly guide.
Thnx in advance

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Anirudh (Expert) 09 September 2015
Probate of a WILL is not a must in Delhi.

However, practically speaking, wherever one goes, in order to recognise the WILL, they require No Objection Certificate from other's who are interested (meaning thereby from legal heirs).

If such NOCs from legal heirs comes easy no problem. Otherwise one has to necessarily seek probate of the WILL.

Kumar Doab (Expert) 09 September 2015
Probate of WILL is not must in Delhi.

Rajendra K Goyal (Expert) 09 September 2015
Agree with the experts.

Rinu (Querist) 09 September 2015
Respected sirs,

Kindly tell me under which Act/ section/ case law you are making your statements.

Regards.

Hemant Agarwal (Expert) 10 September 2015
1. There is no Act BUT a govt. resolution which exempts "probate of will" in Delhi territory.

Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar

Rinu (Querist) 11 September 2015
Hemant sir, any reference where can I find that resolution?

Rudrawar Narayanreddy (Expert) 14 September 2015
no resolution can be passed exempting the probate.
probate of the will is must

T. Kalaiselvan, Advocate (Expert) 19 September 2015
Probate of Will is not mandatory in Delhi, for knowing the relevant provisions, you may refer to the concerned law books or consult a local lawyer after fixing an appointment.

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