AK Misra 22 March 2016
Sale of Property on the basis of Unregistered Will(Notarised)
On the basis of Unregistered Will (Notarised)the beneficiery Mr. X desires to sale his property. The property is mutated(namantaran) in the name of Mr. X in Municipal records and Property Tax receipts are also in his name.
Whether he can sale this property as mutated in Municipal Records? Probate is not necessary in MP
Laxmi Kant Joshi (Advocate ) 22 March 2016
AK Misra 22 March 2016
Whether such mutations passes absolute ownership?
saravanan s (legal advisor) 23 March 2016
dr g balakrishnan (advocate/counsel supreme court) 23 March 2016
probate is always mandatory so approaxh a civil court under testamentory jurisdiction ols then most of yr problem might getsolved. MP is not some super state in india to avoid probate.
AK Misra 23 March 2016
As per prevailing State Laws of M.P. Probation of will is not necessary. You can go ahead WILL is valid till the time it is not questioned in the court of Law by any one, if it is challenged it has to be probated. Probation means only assessing the validity of the Will whether it is not a forged one or otherwise, Testator and the attestators are genuine persons and WILL is valid in the eyes of law and thus enforceable by law or not.
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