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Jayanta Bandyopadhyay   06 October 2024

Will, probate vs other alternative

In view of huge spend due to lawyers ignorance or  misguiding in taking probate route in lieu of Gift Deed, I do not want to put 2 daughter's and spouse into any problem. Family is well knit. Can we go for HUF or other complexity free route. 

At the same time, no trouble during life time.

Parental home and own flat 

Do not want any division like many. Never gave bad tuition to family. 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

The probate of Will is not mandatory in India except in three cities viz., Bombay, Calcutta and Madras. 

If the Will is properly written beqaueathing the properties to each beneficiary  specifying their respctive shares in it, then what is the prolem to enforce the same.

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2024

You are saying it is a gift deed.  Is it a gift deed or a Will?

Advocate Bhartesh goyal (advocate)     07 October 2024

Will is best option for you.

Jayanta Bandyopadhyay   07 October 2024

After three years proceeding of advt, docs in Howrah Court, when final Hearing came in Sep 24, the last witness to will passed away. Rs.75000 was taken by advocate in 3 years. Finally, sister gifted it. Now after withdrawal of probate case, not getting back death certificate of parents, will etc.  Advocate says once will goes to DM's Treasury,  it is not possible to get it back. Court here means only fixing with ....and looting of poors money. Barring a few,  no knowledge. Sr Advocates tell all these. A chemo patient wasted money and time. Hence afraid of will. Thanks

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 October 2024

The advocate is likely correct. Once a will is deposited with the District Magistrate's (DM's) Treasury, also known as the "Wills Repository" or "Public Trustee's Office", it is generally considered a safe and secure way to store a will. However, it can be challenging to retrieve or withdraw the will once it has been deposited. The reason is that the DM's Treasury is a government repository, and the will is considered a public document. Once deposited, the will becomes a part of the public record, and withdrawing it might require a court order or a legal process. If the testator (the person who made the will) wants to make changes or withdraw the will, they may need to follow a specific procedure, which could involve: 1. Obtaining a court order 2. Providing a written application 3. Paying a fee 4. Meeting other legal requirements It's essential to consult with a lawyer or the DM's office to understand the specific rules and procedures for withdrawing a will from the DM's Treasury in your jurisdiction. They can guide you through the process and help you navigate any legal requirements.


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