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nanu (owener)     26 January 2016

Will probate

dear sir 

my father made a will under which i am to get flat in mumbai , i have two  sisters they have given no objection also, now whehter probate is neccesory. 

please clarify



Learning

 8 Replies

jagannath magar   26 January 2016

AS PER INDIAN SUCCESSION ACT SEC.213 PROBATE IS MANDATORY FOR HINDU/BUDHIST /JAIN/SHIKH

Kumar Doab (FIN)     26 January 2016

In Mumbai it is mandatory to probate the WILL.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 January 2016

1.  IF will is duly probated, THEN the will obtains "finality", more so since there is always a chance that there may surface another will, at a later date, and thus fresh never ending disputes start arising, at the hands of known /unknown legal heirs /beneficiary/s.

 

2.  The mentioned "no objection" presently at the hands of sisters, may be withdrawn anytime in future and disputes may be filed by the trusted ones, thus junking down the non-probated will.


Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar

Adv Akhtar Ali Sheikh (Property Law Consultant)     26 January 2016

If one were to rely on will in Mumbai one must obtain probate.

You may avoid it in the following way and it won't be illegal also.

However as regards the flat in Mumbai if it is in a registered cooperative housing society get the share certificate transferred in your names, make a release deed in which the sisters release their respective right title interest in the flat to the brother and register the deed" the releasee will get absolute right title and interest in the flat. 

Alternately your sisters could gift their shares to you and register it. Stamp duty and registration would be minimum. For release deed the registration fee is 1000 rupees and and stamp. Duty is 500 rupees in case of gift deed it s 500 stamp duty and maximum 30000 the registration fee. 

GANDHI MOHAN BHARATI (Pensioner)     27 January 2016

Probate of a Will in Mumbai is a must. I also agree with Shri Hemant Agarwal regarding "Finality of Will"

vipul (working executive)     27 January 2016

What will be the expenses and fees, how it is calculated ,I want to probate, Vipul Nayak 9049685434 9869385434

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     28 January 2016

I agree that Probate is imperative and one should not be tempted to go for short-cuts which may invite future issues.

GANDHI MOHAN BHARATI (Pensioner)     29 January 2016

expenses will be minimal. Contact a practicing advocate


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