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Probation of a will -tamilnadu

Sir
a person ,with two sons in tamilnad,writes a will giving all his share to his elder son and dies recently . all these are his full self acquired property. the WILL is registered.
now, is it still required for this elder son to get the WIIL  probabted if the state law demands it?
i see that probation through court involes publicatin and taking other legal hiers NO objections.if that is the case, doe this mean that there is NO FULL LIBERTY for the deceased to write his share to the party of his intersted(elder son in this case) without the interferene of the court?  also, how long will this probation petiton takes,will it be years again like other suit?

i feel that this whole probate throgh court defeats the liberty of a person in writing a free WILL,of his self acquired property, to anyone of his interest. or if my understanding wrong here?

 



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     30 September 2017

This may be your personal opinion, but to verify and confirm if the Will is valid, made by the testator who is capable of making it i.e. of age of majority, making the Will with his consent, without any force or fraud and is not suffering from any mental disability that will render the Will as null and void.

Lawmakers in its wisdom do not take away the liberty of the Testator for choosing his/her benificiary or benificiaries but to check at the same time while choosing these the Testator was not put under any force to name or not to name any other person who may be otherwise his/her legal heir, because if no Will was made the lawful heirs of the person could only claim their share of his/her property, so is the case for all heirs who may be living not with the person at the time of his death but maybe away, unable to be conected otherwise hence newspaper publication is being given by the court.

The NOC of all heirs of the person required to finalise the Will and its contents for execution, probate is confirmation stamp of the court to go ahead with the execution of the Will and distribution of the estate of the testator to all the named benificieries.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 September 2017

In Tamilnadu, probate of the will is required if the property is situated in the city of Chennai and not otherwise.

Kumar Doab (FIN)     30 September 2017

Probate of a valid WILL is mandatory in areas of Madras, Calcutta, Bombay...................

If the property is not in the area of jurisdiction, probate is not mandatory.................

Kumar Doab (FIN)     30 September 2017

WILL even if valid even if registered also like anything else has IT's own hazards..............

Anyone is at liberty to chose from various modes e.g; Registered: Settlement deed with life interest, Family setllement deed ...................and see mert in it  for reason: No future contest/appeal ....success on merits..............

 

At times parenst leave WILL being fully aware that the dispute is imminent.

 

 

Ramarajan (No)     28 March 2019

Is it possible to raise an objection by other legal heirs during the preparation of Wil if the testator is forced to write?

Grandma is illiterate and aged, she is not good in mental health. So the elder son just took thumbprints from her and made a Wil. Other legal heirs do not aware of this Wil. Please suggest what to do now.

 

mark klayes   08 May 2021

very nice work on law and order in lots of Indian cities during COVID19

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