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