is probate of will mandatory?
As per my father's will, I inherited his house at Ambattur, Thiruvallur Dist, Tamil Nadu. The will was registered in 1995 and he died in 1996. The will was not probated as Ambattur was NOT part of Chennai metropolitan city. But in 2011, Ambattur became part of Chennai City. Hence, I want to know whether the will has to be probated now?
If Ambattur has become the part of Chennai City, then you will have to file an application under Section 276(1) of Indian Succession Act 1925 for seeking Probate orders. Section 276(1) of Indian Succession Act is reproduced hereunder for your better understanding:
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—
(a) the time of the testator’s death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner’s hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
With respect to your second query, under Limitation Act no period of limitation is specifically prescribed for filing a probate application. Therefore, you can file a probate application without any charges, in case of delay.
No need to probate the will in your case because first of all the will is a registered one .Moreover i believe there is no dispute with regard to validity of will. furthermore, when the will is not registered and some one is disputing the validity of the will, then only it has to be subjected to probate.
Advocate N Sudalai MuthuRam Nagar, Madurai
Have you acted upon the will by enforcing the bequest in your favor, i.e., by transferring the property on your name as per the recital of Will and got the revenue records mutated on your name, if yes, this will be sufficient and no probate is necessary now. Hope the property is in your possession(?)
Advocate T KalaiselvanKosapet, Vellore
You have inherited the property as per your father's WILL, during 1996. Assuming you have mutated the revenue records based on the WILL, there will not be any issue.
For Academic purpose: Even though Ambattur comes under the newly formed Chennai Corporation limit it will not come under the original jurisdiction of MADRAS HIGH COURT.
Advocate Nanchill RajkumarVelachery, Chennai
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