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Probate against the will of a person


13-Jul-2023 (In Wills / Trusts Law)
Whether it is required to obtain probate in U.P.State against a Will of a person in hindu religion ,if yes,what is the procedure. what to be done to obtain title in the property as per will ?
Answers (3)

Answer #1
683 votes
It is not necessary in UP for a Hindu iff the will is not executed at either of presidency state of Bengal, Bombay or Madrass. For probate one need to file probate petition at District court. Probate is necessary if the Will is
executed by a Christian in respect of properties situated In U.P.
Answer #2
517 votes
Probate on will can be applied by filing testamentary petition in High Court Allahbad
If will exists you just need to file a declaratory suit for establishing your title on the property of deceased.
Probate may not be essential for declaratory suit in civil court.
Answer #3
568 votes
Yes! You have to obtain Probate by filing necessary application in the High Court. And only after obtaining Probate you will get a proper and valid title over the property. You will also require to register to sub-registrar office, both the property mentioned in the Probate and the Probate granted by the High Court.

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