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Ravi Prasad (Student)     02 November 2009

Registered Will - is probate must

Is obtaining a probate must for a registered will? what if one of the witness for the registered will is dead and the other becomes hostile? What is the procedure of obtaining a probate?


 3 Replies

Ravi Prasad (Student)     02 November 2009

Conitnued : If a suit is pending before the Court for ejectment of the tenant, can an application for probate be filed? If another son or daughter questions the validity, how long it might take to finalise the suit? Can the tenant question the validity of the will? Property documents in the municipality have already transferred to the name of the willed person on the basis of the registered will?

A V Vishal (Advocate)     02 November 2009

Will can be revoked and/or substituted by the testator any number of times at his prevail. However, all subsequent wills should clearly state that ‘this is the last’ will prior to the date and at the time of the present instrument. The instrument of will can also be registered with the Sub-registrar of Assurances and then the registered will takes precedence over the unregistered will even though the same may have been drawn at a subsequent date and is stated to have revoked all previous wills. Because, a registered will can only be substituted by a registered will.

Probate of will is a legal process in which the court of adjudicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 November 2009

The execution of the will is necessary to be established in the probate proceedings. If one of the witnesses has become hostile and another is dead then it is better to bring the witness who identifies the signature of deceased witness. Nothingcan be done if the will is not duly proved.

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