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Anil pattnaik (Proprietor)     07 September 2010

is probate of will is necessary in the whole of india

Is probate of a will necessary in the whole of india or only in select areas. Can land property be transferred without probate and only on the basis of registered or unregistered will to heirs?


 18 Replies

M. A. Khan (advocate)     07 September 2010

Yes wherever there  is a Will there is a probate.  No ,simple upon Will, property cannot be transferred, either probate or letter of administration with will annaxed will have to be obtained. Adv. khan Mumbai 9821477604

Deekshitulu.V.S.R (B.Sc, B.L)     07 September 2010

Sorry Mr KHan

Probate of a Will is necessary only when it is executed in the three metropolitan cities mentioned in the Indian Succession ACt. In repect of immovable property nothing is required and basing on the will the property can be transferred.

Uma parameswaran (lawyer)     07 September 2010

Probate is not necessary in all part of India.

Suryanarayana Tangirala (Advocate)     07 September 2010

Probate is necessary only in Erst while Presidency towns of Bombay(Now Mumbai),calcutta(Now Kolkatta),Madras(Now chennai)

R.Ranganathan (Advocate)     07 September 2010

Probate is necessary in the Metropolitan cities and other notified towns and other places as and when notified. It is not compulsory on the other parts of India.

Vinoba (Advocate)     13 September 2010


Probate of Will is not necessary on the whole of India.  Probate of Will has to be necessarily done only in metropolitan cities.

L. Vinoba,



Anil pattnaik (Proprietor)     14 September 2010

But in Orissa here, for mutation they demand probate of will, moreover Birla sunlife also wants probate of will for states like orissa, bengal ,assam, maharastra for transfer of its units on death of unitholder

G. ARAVINTHAN (Legal Consultant / Solicitor)     15 September 2010

For Christians, Indian Succession Act onbly applies and need to probate the will of the deceased is compulsory.

For people living in Mumbai, Kolkata and Chennai, they need to probate the will 

girishankar (manager)     17 October 2010

Dear Sirs,

I got a Information regarding will probate. Please explain about this .

The below one has been given by experts of the forum.. If so can any one post the Amendment..

With the recent amendment to the Indian Succession Act,the procedure of compulsory probating of the wills has been given up. No need to probate the will at all. You can think over the matter again.

raj kumar ji (LAW STUDENT )     30 November 2010


rajeev sharma (Advocate Ex senior manager law )     22 January 2011

Dear Anil

as explained above by many learned friends probate is necessary in Metropolitan cities.in your quarry you have not mentioned whether u want to about transfer of immovable property among living persons or after the life of a person. The modes  of transfer of property during the life time of a person are given in the Transfer of Property Act an property after the death of a person may be transfered by way of will or operation of law of succession which applies to the deceased.



rajeev sharma (Advocate Ex senior manager law )     22 January 2011

will does not require registration but it must be executed by aperson of sound mind in the presence of two independent witnesses.


krishnarajpr (n/a)     24 January 2011

Dear Seniors,

It is informed that there is a recent amendment to the Indian Sucession Act where in it has now become compulsory to probate the will only in case if the property is situate in the provinces of place mentione in the act like, chennai, mumbai and kolkata. but the compulsory probate of will for christians has been removed.

if so, what effect it has on the wills that has already executed and the testor having died before the amendment. is the recent provisions has got retrospective effect.

please clarify.


1 Like

Pradeep (Administrator)     05 August 2012

I wish to know what will be cost of probating a will in Pondicherry.  Kindly do give me the approximate cost, such as Court Fee and Stamp Duty.  In case of property, is there a maximum value of fee to be paid as Stamp Duty?

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