effect of probate

In the first place, when the property was gifted or sold how could it have been included in the will. If the property was gifted by a registered document and same way sold by a registered deed prior to will, both became absolute if the donee or the vendee had no notice of existence of wil for want of registrationl and the purchaser was the bona fide purchaser for value. So will itself shall become inoperative and void qua the property.

Where is the property located, based upon that only, it can be said that the Probate is compulsorily required or not.

the property is in bombay.

Mr. Darshan.. i am taling about a case where where the property was mentioned in the will and before the will became operative ( before the death of the person who made the will) the same property was sold to a bonafide purchaser. after the operation of the will if the beneficiary obtains probate of the same property from High Court. will it be effective?? how far will it be effective?

The purchaser had no notice of the will so made on account of its non-registration and although it having been bequeathed to one of the beneficiaries, the purchase in all probability would have gone ahead with the name of testator appearing in records and if it was prior to will by the testator himself then certainly the sell will prevail defeating the will qua that property and likewise gift deed also if made prior to will would prevail, the rights of the bonafide purchaser having established prior to will. thats why it is always advisable to get the will registered though it is optionally registrable

thanku sir for the information..

it would be really helpful if u know of any judgments in this context