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paddu81 (Associate)     23 October 2010

Will Probate in Perungudi, Tamil Nadu

Hello,

I'm planning to buy an apartment in Perungudi, Tamil Nadu.  The Builder bought the land from a lady who obtained it via a will from her brother(expired).  The Will has been registered and has clear notes that the owner didn't have any immediate successor (children/wife) and is writing the property to his Sister.  However it is not PROBATED.

Question - Is it mandatory for the Will to be probated?  When we approached a Bank for housing loan the legal dept rejected it saying the will needs to be probated.  However, the Builder's lawyer is saying that Wills executed in Chennai, Mumbai or Calcutta alone need to be probated and Perungudi doesn't come under Chennai, so probating the will is not mandatory.  

Any suggestions/thoughts are greatly appreciated



Learning

 2 Replies

Mugundhan (Lawyer)     23 October 2010

Probate of will is necessary only in metropolitan cities. In other places it is optional. The registered will along with the death certificate of the testator is enough.

S. CHANDRAKANTH (ENGINEER)     24 October 2010

I DID PROBATE OF MY AUNT'S WILL WHICH WAS IN MY FAVOUR.  IT TOOK MORE THAN A YEAR.  IF THERE IS AN EXECUTIONER OF THE WILL, THEN IT CAN BE PROBATED OTHERWISE, CHANCES OF LETTER OF ADMINISTRATION ONLY POSSIBLE.

I AM NOT A LAWYER AND I AM MAY BE WRONG?


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