Nikhil SHETTY 31 March 2021

is probate necessary on a Registered will compulsory?

Is probate certificate compulsory on a registered will, if the will is challenged? (Case in Karnataka)

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10 Replies

Chitrang Dudhwala 31 March 2021

No, it is not necessary to get probate certificate in case of registered will

nethraa Karuna 31 March 2021

certificate compulsory

Saroj Dwibedy 31 March 2021

probate is necessary and mandatary irrespective in all will wheather it is registered or unregistered but in some parts of India probate is not required.

Shashi Dhara 31 March 2021

If the will is challenged then u have to prove the will is genuine in competent court of law.

Hareshkumar Patil 31 March 2021

probate certificate is required only in matroplitin cities

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 31 March 2021

1. In normal family situations, Probate on a Will is not required in Karnataka. However, IF there is any type of dispute /claims amongst the legal heirs, THEN Probate becomes necessary to settle disputes.

Keep Smiling .... Hemant Agarwal
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Patira Gunwant (Legal Adviser & Consultant) 31 March 2021

Will whether registerd or not registered as long as the same is not challenged by anyone amongst the family members or otherwise by anyone outside the family, friends or relatives, require to be probated in accordance with law to get the beneficiaries of their rights, titles and interests and bar an unusual challange but it is subject to procedural laws of each category of different followers of respective sections of persons belonging to.
If no claim or dispute is raised then probate is not necessitated and it is settled by and between members of such will.

Venkatesh Vemperala 31 March 2021

It appears there no uniformity in this topic. so more confusion.
probate is time consuming and costly.

roja ramani 01 April 2021

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.