Balaji 07 August 2015

Regarding probate and release deed in tamilnadu

Dear Sirs,

Iam from Chennai.My mom expired in 2012.Prior to that she had created an unregistered will in my name for a property naming me as successor and she had mentioned in the will that she had made arrangements for my sister and i can use the property solely.I have a sister for whom she had made some settlements .This property is loacted out of chennai and comes under the panchayat.My quiries are

1.Do i have to probate the will?

2.Is it sufficient if i can take a release deed from sister rather than probate

3.since this property was gifted by my grand father to my mother does my dad have any right on the said property?

Kindly advice me which is better Probate or Release deed for safe enjoyment of the property.Thanks in advance

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2 Replies

saravanan s (legal advisor) 07 August 2015

if the place in which the property is located is within the jurisdictional limit of high court then the will needs to be probated.otherwise you dont need to probate nor take a noc from your sister

3. no right for your dad over the property

Kumar Doab (FIN) 07 August 2015

Probate of WILL is necessary in presidential towns.

You may check with your local lawyer dealing in family/property/revenue/civil matters, if probate is necessary for property located in panchayat area mentioned by you.

If the WILL is valid then it may not set aside during probate or challenge.

The property if that was gifted to your mother by a valid and registered gift deed then it from parent’s side, and acquired the status of self acquired for the mother.

Mother has given it away by WILL to you and your father is not a beneficiary in the WILL and hence has no right in it.

If the WILL is already placed on record then it has to be given an effect.

If your sister is amiable to sign a release deed then she may not necessarily contest the probate of WILL too.

You may show the WILL to your able lawyer and your lawyer may opine that the probate shall succeed.