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Rajesh (self)     29 April 2010

execution of will

What is the procedure for an execution of a WILL. One has to go in for mutation or Probate the WILL



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 8 Replies

Devajyoti Barman (Advocate)     29 April 2010

There is no hard and fast rule as to how draft a will. The moot point is the testator will have to spellout clearly the name of the beneficiary of the will and the details of property if there is more than one beneficiary. Another mandatory aspect is to get the will signed by the two witnesses. The registration of the will is not a sine qua non.

niranjan (civil practice)     29 April 2010

As per sec.57 of Indian Succession Act if the will is executed only at metro cities like bombay,madras and calcutta,the probate is required,otherwise probate is not required.

G. ARAVINTHAN (Legal Consultant / Solicitor)     29 April 2010

Will can be probated in any District Court.

Niranjan have to explain his view

Suryanarayana Tangirala (Advocate)     29 April 2010

As rightly said by Mr.Niranjan will has to be probated if executed in Presidency towns, U can go for mutation basing on inheritance by will

niranjan (civil practice)     30 April 2010

Dear Ganeshan, It can be probated in District Court if you want to,but what I have said that as per that provision probat is not necessary and as Mr. Suryaji has explained one can go for mutation on basis of that will.


(Guest)

if a will executed in Jaipur. In this case what required? Probate or Mutation. pls explain

niranjan (civil practice)     30 April 2010

Mutation only if the will is not disputed by others,otherwise probate at district court at Jaipur.

vikramjit singh wasu (professor)     16 July 2010

what is the court fee for getting ur will probated in hyderabad


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