is it necessary to registter will?


I have a property in surat which my aunty gave to me through a will now she is no more so to transfer the property in my name to enter the name in city survey is probate is necessary or a register will which iam having is sufficient .

Answers (2)


264 votes

Dear Sir,
It is not necessary that the will is registered. As per law the will shall have to be signed and shall have signatures of two witness. In your case since you have a registered will it helps your case.

Probate shall only be required if any third party raises objections to the validity of the will or if the registrar feels that there is something suspicious in the will.


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218 votes

As per Indian succession act and judgement of Gujarat high court, probate is not require for immovable property. You can directly enter your name in city survey record but nowadays city survey Supretendant may be ask for prober certificate from court and when you file a application in city survey that time legel heirs of your Aunty may be oppose and challenge a will in civil court.

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