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jeyanthikumari (clerk)     09 October 2012

Probating of will

sir,

          My father in law own property  2400 Sqft.of land and building. He have 6 sons . A will was registered by him in chennai sub register office. In the will he Stated that my husband first son has contributed considerably with his men and material in the completion of my residential house hence, I owe him and his legal heirs, a moral gratitude and hence I will him a speical share in my immovable properties.

           He is no more. now, the other 5 sons ask equal share in the land. whether probate of will is compulsory in chennai.  we cannot claim speical share sir.

                 pl. explain the following doubts.

1) whether probate of a registered will is compulsory?

2) what is the procedure and what is the cost for probating a will?

3) If not probated what is the position

3) whether probate should be done for gift deed also.

 

 

 

           



 3 Replies

ajay sethi (lawyer)     09 October 2012

it is always advisable to obtain probate ofwill . it is judicial proof that will is genuine . costs would be the court fees payable and lawyer fees . contact a local lawyer in chennai . in maharashtra maximum court fees is rs 75,000. dont know  court fees payable in chennai .

 

for gift deed you dont need probate .

1 Like

free legal service (self)     09 October 2012

probates of will is neccessary in every case.be it regd/not.2 witness reqrd.its called probating of will.court is called courts of probates.once d will is probated,authenticity is added n bcm binding on evry1,minus deducting therefrom all wat it owes to others.

i hope u got it.

Adv k . mahesh (advocate)     09 October 2012

you can cantact Adv Arunagiri from chennai


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