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Is probate mandatory in unregistered will
11-Jan-2023 (In Property Law)
My father, a Hindu by religion, expired bequeathing all his assets to his wife by way of a duly notarized will (unregistered). We have a property in a CGHS in Delhi and the same is mutated by the SDMC in name of my mother, the beneficiary of the will. My mother after mutation has applied for transfer of share certificate in her name. The society is insisting for obtention of probate of the will. I undertand that as per the Indian Succession Act 1925 probate is not required to be obtained. I request your guidance advising whether probate is a must and can the beneficiary of the will seek transfer of share certificate to her name without obtention of probate.
Probate of a Will is not compulsory in Delhi jurisdiction. Probate of Will is only compulsory in the cities of Bombay, Calcutta and Madras or for properties situated in the cities of Bombay, Madras and Calcutta though the Will may be executed outside the three cities. This is a well settled law and there are many judgements of the Hon’ble High Court of Delhi which lay down so and which arises from a reading of Sections 57 and 213 of the Indian Succession Act, 1925. Two of these judgements are Pradeep Bhalla v. Sangeeta 2007 (94) DRJ 548 and Sanjay Gupta v. Ved Kanti Gupta 1994 (4) AD (Delhi) 330.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Is unregistered will legally valid?
The Supreme Court of India ruled that a Will not registered is valid and enforceable under law. Unregistered Wills can be more easily challenged in court. It is therefore advisable to register your Will with the Sub-Registrar. 10-Oct-2023
Is it necessary to probate an unregistered will?
In India, the Executor must obtain probate to transfer real estate if the will is not registered. 06-Jan-2023
What is the Supreme Court Judgement on unregistered will deed?
Registration of a will is not mandatory. A Will that is registered does not have a higher status than a Will that is unregistered. It does not matter if the Will has been registered or unregistered, as long as it is proved according to law.
Can property be transferred on unregistered will?
You can do this after the property has been transferred to your name. The Will does not have to be registered. Unregistered wills are equally important as registered ones. The other legal heirs to your wifes estate can give you their NOC before you proceed with the transfer or sale of the property.
Hello,
Probate is necessary and it will transfer automatically after all formalities. Other way to get succession certificate from SDM. Can you please share your difficulties with me? Because right now I'm executor of many WILL(s).
Probate is necessary and it will transfer automatically after all formalities. Other way to get succession certificate from SDM. Can you please share your difficulties with me? Because right now I'm executor of many WILL(s).
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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If the probate of will not done, the authority may alternatively demand NOC from all other legal heirs along with publication of notice in advt to check objections if any. At times they are particular about their formats / procedures. But you could suggest this alternative to them.
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Dear Sir,
Probate is not necessary in Delhi. I understand that your society is requesting for it. As a general procedure, other legal heirs can submit an affidavit and a NOC stating that only your mother is the owner of the premises and you don't claim and right during her lifetime and further, you have no problem if her name is updated in the society records.
Thanks
Probate is not necessary in Delhi. I understand that your society is requesting for it. As a general procedure, other legal heirs can submit an affidavit and a NOC stating that only your mother is the owner of the premises and you don't claim and right during her lifetime and further, you have no problem if her name is updated in the society records.
Thanks
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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Probate validates a will whether registered or un registered. If there is no objection to the will by other heirs and as the property is mutated in your mother's name the society should not insist for probate of the will. You may be required to give an affidavit or an indemnity bond of the other heirs.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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Transfer of Property Under an Unregistered will It is essential to submit a request for letters of administration or a petition to probate a testator’s Will within 3 years of the demise of the testator to avoid unnecessary complications and delays in future. Note: Christian Wills and Muslim Wills don't require probate.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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