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Shiv Reddy (Former)     03 December 2017

Does probate is must for will?

Hi All,

My grandmother has two sons and three dauthers.  My grandmother provided the land in the form of will and It got registered in the year 2010 in sub registar.

I am the younger son grandson. 

2010 my grandmother passed away and we have not applied for  Probate.

My uncle (My father brother) is also passed away. My aunty (My father brother wife) brought stay not to cultivate anything in the land. 

Does Probate is must for will In Karnataka and for hindus? I read few other forums they are saying its applicable only in metropolian cities 

What i have to do to cancel stay and secure my will land? or I may loose my will?



Learning

 9 Replies

R.Ramachandran (Advocate)     03 December 2017

So, instead of approaching a lawyer in your area to take care of yourr matter, you will be discussing and debating the matter here, in spite of having a stay order against you.

Ghazala Rahman (advocate)     03 December 2017

Respected Ram Sir,
is it not better to take few advices , standing before court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 December 2017

No probate is necessary.

Kumar Doab (FIN)     03 December 2017

It is always better to discus before hand and become properly informed and avoid acting on one's own in the matter that is one not well versed with.

Mor so in case of Legal matters, court Cases.

1 Like

Kumar Doab (FIN)     03 December 2017

It is believed that you are all Hindu.

Was the WILL submitted to O/o Authority under whose jurisdiction property falls?

If yes, was it acted upon without any cloud on it?

As per your post probably the testator/owner signed and registered the WILL in year 2010 and died in the same year. Is it!

The daughters are married or unmarried.

 

The property disposed by WILL is self acquired/earned/absolute or share in ancestral property…

 

 Confirm!

Kumar Doab (FIN)     03 December 2017

 

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL in other areas.

 

It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can also be acted upon.

The registered WILL fetches better reliance and is not easily set aside atleast on counts of authenticity.

1 Like

Kumar Doab (FIN)     03 December 2017

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website.

 

Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time. Check locally and comply with procedure. If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

 

Kumar Doab (FIN)     03 December 2017

Any WILL can be contested; registered or unregistered. If WILL is contested it lands up in probate court of pecuniary jurisdiction and court shall decide on merits. In simple words the valid WILL has to surface so that IT can be acted upon. Assuming that the registered WILL has not surfaced so far/ or is not submitted to O/o Authority under whose jurisdiction property falls; the succession is o set in. Succession opens on date of death of owner.

Kumar Doab (FIN)     03 December 2017

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies. Although it is wrong since the WILL exists and the executor/beneficiary should act in time avoiding delay. The delay arouses suspicion.

In case of Hindu woman nature and source of property matters and sons, daughters have 1st right for equal share……….

If WILL has not surfaced then legal heirs of the deceased have a right of inheritance…………and you can cultivate their share against their wishes or without their consent.

 

 


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