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Vikas Kanojia (Proffessional)     24 April 2015

Probating of will in mumbai

Hi All,

 

Is probating of will is nesassary in state of Maharastra. Also what is the procedure for the probating the will and what are the cost / Charges for probating.

 

Does Register Will have legal sanity

 

Regards

Vikas Kanojia



Learning

 3 Replies

saravanan s (legal advisor)     24 April 2015

i think its compulsory only in mumbai,chennai and kolkata and that too if it comes under the high court jurisdiction but in all other parts of the country its not compulsory.if you want to ensure that the will you are executing is the last and final will made by the testator then you can probate the will even if not compulsory.if probate is done in future there cant be any challenge over the genuinity of the will

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 April 2015

After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.The court may impose a percentage of assets as a fee to issue a probate. In Maharashtra, for example, a court fee of `25 is payable for assets less than `50,000; 4% for assets between `50,000-2 lakh, and 7.5% for assets over `2 lakh. There is a ceiling of `75,000.

dr g balakrishnan (advocate/counsel supreme court)     09 October 2016

probating is a must , else Will cannot be executed pls.


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