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Is it necessary to obtain probate in Delhi
15-Dec-2023 (In Wills / Trusts Law)
Is it necessary to appoint an executor in registered will? I am hindu .my other question is that if there is an executor it is necessary to obtain probate in delhi.
Probate is not necessary in Delhi but if there are objections from other LRs with regards to bequeath in the Will and challenge to the execution of the Will then it is always in the interests of the beneficiaries to obtain a probate.
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Adv. S P Srivastava
Delhi | 200+ Answers
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It is not necessary to appoint a executor, an executor is someone who would ensure that the assets of the testator are distributed according to his wish.
No it is not necessary to obtain a probate in Delhi, or register the will. A will is mandated to be probated only in Chennai, Mumbai and Kolkata.
However, even if the person has not left a will in Delhi you can also obtain something called as "Survival membership certificate" from the Sub-Registrar officer, this would give the list of the survival members of the deceased to distribute the assets among the surviving family members.
No it is not necessary to obtain a probate in Delhi, or register the will. A will is mandated to be probated only in Chennai, Mumbai and Kolkata.
However, even if the person has not left a will in Delhi you can also obtain something called as "Survival membership certificate" from the Sub-Registrar officer, this would give the list of the survival members of the deceased to distribute the assets among the surviving family members.
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Adv. Saket Bisaani
Bangalore | 100+ Answers
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If a Will is Registered, then insofar as Delhi is conlcerned, Probate is not required, unless a legal heir raises a dispute, or refuses to give a "No Objection" at the time of the Will being acted upon.
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Adv. Samar Singh Kachwaha
Noida | 25+ Answers
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