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vetrivelan.s (Consultancy )     16 October 2009




Kindly let me know a registered will (after the demise of the person who made the will) Need to be probate or not, if yes what are the steps? to be taken and is there any time limit?



 4 Replies

R.R. KRISHNAA (Legal Manager)     16 October 2009

Yes a registered will has to be probated under the following condition:

If the immovable property specified in the will is a city property then probate has to be done.  If it is not a city property there is no need for probate.

File a probate petition before the High court and ensure that all the other legal heirs and other right holders are also made parties to the petition.  There is no time limit for applying for probate.



2 Like

Prakash Yedhula (Lawyer)     17 October 2009

Registration of a will does not render it immune from challenge. A registered will is as much liable to challenge as an unregistered will. Hence the same needs to be probated, but only in cities notified.

1 Like

Jayesh Bheda (Advocate)     17 October 2009

As per the section 57 of the Indian Succession  Act,  wills made in within the limits of Ordinary Original Civil Judicature of Madras and Bombay require probate.

Therefore, if the will in question is not made within above jurisdiction then such will does not require Probate.



1 Like

Sheel Jain (Additional Director)     03 November 2009

Dear Sir,

What is the time limit after death of testator to probate the unregistered will.

S C Jain

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