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Haresh N R (service)     19 June 2014

Probate of registered will

Is Probate of Registered Will mandatory?  If yes, then where should the probate application be filed - in Thane District Court or High Court (the properties mentioned in the Will are in Thane District).  If No, what is procedure for executing the said Will.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 June 2014

Normally Probate need not be taken if there is no challenge to the will and it can be smoothly executed by the executors in favour of the beneficiaries.  this is for information.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     19 June 2014

There is no need to obtain probate for properties in Thane district.

Laxmi Kant Joshi (Advocate )     19 June 2014

Haresh probate of will is not mandatary in all over india some of the state had made it mandatary there is no need to go for probate the will in thane district .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 June 2014

In India there are certain areas where probate is mandatory and other areas where it is not. Probate becomes necessary when there is a dispute, when one is not sure of the validity of the Will or when one wishes to dispose of the property and the prospective buyer who is offering a good price insists on a probate.

In areas where probate is not necessary, is it possible to get a probate if one wants? Will there be stamp duty in such a place? Will mutation be sufficient? Is mutation possible without a probate?

This is a question and not an answer.

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