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Deepa Iyer (software)     10 February 2013

Probation of an unregistered will

Hi,

 

I have a small query regarding Probation  of an Unregistered Will.

Unregistered will for a Land where the testator expired should be probated in the place where the will was executed? Or should be probated where the property is situated as per the Indian Law.?

Awaiting your reply at the earliest.

Regards

Ramya



Learning

 2 Replies

Amit Gupta (Advocate)     11 February 2013

Dear Ramya...

first of all probate of a will is not required in whole of india...it is only required in bombay, delhi, chennai, kalkatta....

secondly probate can be aquaried from the place where the testater has executed the will itself...

amit

alexander (nil)     28 May 2013

Dear Ramaya,


 If I remember right the probate of Will  was made  and perhaps still is compulsory in the Presidency Towns of Calcutta, Madras and Bombay  ( KOLKATTA,CHENNAI,MUMBAI respectively).

 

  It is not at all mandatory or even required in Delhi..  There is  a fallacy existing not only amongst the learned members of the Black Gown / coat   fraternity but also amongst the common bureaucracy and monor flunkeys in the administration  .

They just give the 'DIKTAT' that the Will should be probated  and the poor executor /legatee runs around in circles.. It is a costly procedure as it involves paying a percentage of ad valorem value of the property ( and the prices of real estate in Delhi is astronomical)  as court fee besides the Black Coat fees and in some cases a novice  black coat can create very time consuming complications.

 

This fact that no Probation of Will is required in Delhi should be widely made known to all cocerned authorities in the NCR region and Organisation such as SEBI, Banks and Finanacial Institutions etc.

 

Thanks


Dr anand gupta

 

 


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