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Death will notary property transfer


14-Apr-2025 (In Property Law)
Can a person transfer property based on notary will ? Which is not registered, nor probate is done . Kindly guide us.
Answers (2)

Answer #1
694 votes
If you are a resident of Mumbai then obtaining a probate is mandatory. However, if you reside outside Mumbai then obtaining a probate is optional. Properties can be transferred based on a notarised Will, provided the authorities permit. Feel free to contact me for seeking any legal advice as regards the same.
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Answer #2
762 votes
Under Section 213 of the Indian Succession Act, probate is mandatory in specific situations, such as for Hindus within the High Court jurisdictions of Bombay, Madras, or Calcutta, or for wills involving immovable property in these regions.
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