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Deepa Iyer (software)     10 February 2013

Probation of a will executed @newdelhi,but property@ chennai

 

Hi,

 

I have a small query regarding Probation  of an Unregistered Will.

 

Unregistered will is executed@ New Delhi, wheras the property is situated @ Tamil nadu Chennai, Testator has expired.

 

Can the will be probated? If yes, at which place should the will be probated? Chennai/New Delhi?

 

If not, what is the alternative fot the property to be legally registered under the executor's name?

 

How can the sale of such a property be effected?

 

Regards

Ramya



Learning

 1 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     10 February 2013

Dear Querist,

 

Please note the relevant provisions of the Delhi High Court Rules in  respect of Probate in inter State situation:

 

"........ 7. Procedure where Probate or Letters have to take effect in other State(s)—Section 274 of the Act prescribes the transmission to High Court and District Judges of certificates of grants having effect in other State(s). 8. Amount and locality of assets beyond the State to be stated—Section 276 and 278 of the Act require applicants to state the amount and locality of assets situated outside the State. 9. Applicants to State in some cases whether Probate or Letters have been applied for elsewhere—Section 270 requires applicants, in certain cases, to state whether or not application for Probate or Letters of Administration has been made to any other Court. 10 Case where copy of citation to be issued outside State—Section 283 directs the issue of a copy of the citation outside the State to the District Judge in whose jurisdiction the property is situated. 11. Inventory to include property in any part of India in certain cases—Section 318 directs that in cases of the nature described in that section, the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situated in India......"

 

In the given case, you may prefer filing petition for probate of  WILL in Delhi jurisdiction itself for speedier justice.

 

Trust this would suffice.


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