Manu Joshi (Manager) 04 February 2016

Probate of registered will

Dear All,

My mother in law has a dda flat in her name (purchased via PoA), and she wishes to have a registered will in the name of her only daughter. Is a probate necessary or possible at this juncture, as they do not want the hassle ater she dies.

Also, she does not want any dispute later on specially because her husband is a nuisance, and has been thrown out of the house recently.

Thanks much,

manu

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4 Replies

Manu Joshi (Manager) 04 February 2016

Try to add value to the discussion, with your each post.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 February 2016

Sir,

Probate of a registered will is not mandatory but you always need a NOC affidavit.

Warm Regards

Kapil Chandna Advocate

9899011450

Manu Joshi (Manager) 04 February 2016

Dear Kapil,

So, would an NOC affidavit mean that there would not be a dispute for this property by whomsoever (in delhi)?

Kumar Doab (FIN) 04 February 2016

Your mother can write a WILL if she is the owner (in mutation records).

Is she a owner or POA holder?

It is not mandatory to probate the WILL in Delhi.

In case of situation posted by you it shall be better to register the WILL. The expenses are negligible.

The other legal heirs of the mother (spouse, children) may reuqire to sign towards their NOC.......................Or they can contest the WILL.......................in that case will shall require to be probated and suit shall decide.