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is probate of will is necessary in the whole of india

Page no : 2



It is not necessary to obtain probate by hindus residing outside bombay

"Will" is not executed within the territories mentioned in Section 57 (a) and (b) of the Act, provision to obtain probate is not mandatory in the light of Section 213 of the Act. Section 213 of the Act is not applicable to cases not covered by clauses (a) and (b) of the Section 57. Section 213 provides that this section shall not apply to the cases of Will and shall only apply in the cases of Will made by Hindu, Buddhist, Sikh or Jain where such "wills" are of classes specified in clauses (a) and (b) of Section 57. Section 213 relates to grant of probate and this section will not be applicable to the 'Will' executed by Hindu, Buddhist, Sikh or Jain, who are not residing within the territories mentioned in Section 57 (a) and.(b) of the Act
Madhya Pradesh High Court
Vijendra (Brijendra) Singh Yadav vs Smt. Rajkumari Yadav And Ors. on 8 July, 2005
Equivalent citations: 2005 (3) MPHT 486
Author: S Jha
Bench: S Jha

Ramesh (N/A)     23 March 2015

Is probate is necessary in Rajasthan far any type of WILL


Could some point to the part of the Indian succession act which I can quote to explain - Wills made for Immovable property in Mumbai by a Christian needs to go through a probate.



Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 July 2015

If one owns an immovable property what is the documentary evidence for it? It  would be the registered transfer deed with stamp duty paid. It is a document with the assurance of the Government. A will on the other hand is made by a private individual and it may or may not be registered. If the person who acquires the property according to a will  wants to sell it the buyer may ask for an authoritative assurance from the buyer that he has actually title for the property. Just a will alone may not satisfy the buyer even if it is registered. A probate on a will is an authoritative order of a  court confirming that the property now belongs to the person or persons named in the probate. Such a document will inspire confidence in the buyer of the property. As already mentioned by many above, a probate is compulsory in the three metropolitan cities. The probate may also be liable to heavy stamp duty by the State Government. In places, where no probate is required, the rights conferred by a will may be disputed or could be ambiguous. No buyer will touch that property with a pair of tongs. Even if the testatee does not want to sell the property he may like to assure for himself that the property actually belonged to him. How can he do that? He can apply to the court having jurisdiction, for an order that the property actually belonged to him. The court would issue such an order after due verification processes. What is that order? Can one call it a probate? At least a probate is such an order.

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