Will executed in respect of properties in Metro Cities require probate. But, I am having doubt that the will executed at Metropolitan City in respect of properties situated other parts of the state require any probate.
SUNDARAM THIRUMAVALAVAN (senior consultant) 18 May 2012
Will executed in respect of properties in Metro Cities require probate. But, I am having doubt that the will executed at Metropolitan City in respect of properties situated other parts of the state require any probate.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 May 2012
They do :-
Thus it is very clear from the above provision that a probate is required only under following circumstances :
(i) All wills of Hindus etc made on and after 1 September 1870, within the provinces of Bengal, Bihar, Orissa and Assam and within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay.
(ii) All such wills made outside the territories mentioned in (i) above relating to immovable properties situate within the said territories must also be proved and probate thereof obtained, before any right as executor or legatee can beestablished.
(iii) Wills other than those in categories (i) and (ii) above made before 1 January 1927, i. e to say, such wills made outside the territories mentioned in (i) above, relating to movable property situate inside or outside the said territories or immovable property situate outside the said territories are not required to be proved or probated [see s 213 (2), infra].
(vi) Where a will is not executed within the territories mentioned in para (i) or the will does not relate to property situate within the territories mentioned in para (ii), sub-s (1) of s 213 is not attracted.
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