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Is probate reqd for unregistered will for property outside chennai ?
07-Sep-2023 (In Property Law)
Dear Sir / Madam,
1) Is a probate required :
for a unregistered will executed in Chennai by a Chennai resident for properties in Madurai
2) Is probate required for :
Unregistered Will executed in Madurai by a permanent resident of Chennai for properties in Madurai
In this case, unregistered will is legally valid, subjected to the evidences of two witnessing persons who signed the will. but ancestral property can not be willed away. that unregistered will operate to the self acquired property. THESE are NO VALIDITY OF WILL WITHOUT PROBATE FROM THE COMPETENT COURT. I have a vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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Is a will valid without probate?
A probate order is not always required for a valid will. In the event that there is no disagreement between the legal heirs about the content of the will, they can choose to skip the probate. A registered will does not require a probate. However, one can be requested.
Can I sell a property on the basis of unregistered will?
You can do this after the property has been transferred to your name. The Will does not have to be registered. Unregistered wills are equally important as registered ones. The other legal heirs to your wifes estate can give you their NOC before you proceed with the transfer or sale of the property.
What is the validity of unregistered will?
The Supreme Court of India ruled that a Will not registered is valid and enforceable under law. Unregistered Wills can be more easily challenged in court. It is therefore advisable to register your Will with the Sub-Registrar. 10-Oct-2023
How do you execute an unregistered will?
According to Section 63 (Indian Succession Act), calling at least one attesting witness is the only way of proving the execution and validity of an unregistered Will. The witnesses who sign the Will should not be the beneficiaries of the Will and they must be present at the time the testator signs it. 17-Jul-2023
Transfer of property in an unregistered Will The Executor must obtain probate to transfer the property. This is a requirement for real estate transfers in many Indian states.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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