619+ Lawyers are online 
How to Probate Procedure for will in Mumbai??
13-Jun-2023 (In Wills / Trusts Law)
im from mumbai. my grandfather had made will on me as his grandson. But he has 3 sons and 2 daughters. still he made will name on me. I just wanted to know the proper procedure to probate the will in mumbai. Is it necessary to get NOC from his all Heir to transfer the property on me.
A petition needs to be filed through a lawyer before the High Court for the grant of Probate. Once the petition is filed, the court issues notices to all legal heirs and schedules the matter for hearing.
The beneficiary is required to prove the authenticity of the Will by recording a statement. He/ She also needs to arrange the evidence of attesting witnesses before the court personally or by means of affidavits.
Following the completion of all formalities including putting public notices in newspapers, the court grants probate after considering the documents and evidence on record.
The court generally requires the claimant/beneficiary to provide a surety at the time of grant of Probate. In most of the cases, the beneficiary finds it difficult to provide the surety, however, in such cases, the orders of the court need to be complied with.
In cases of property transfer ownerships, protecting the rights of the beneficiary of deceased persons from any potential fraud or violation assumes paramount.
Will is an important document. One should ensure that it is registered with the sub-registrar of assurances and if possible, also video graphed.
The High Court of Delhi in the matter of Sayar Kumari vs State, 2009, has accepted video recording as an important piece of evidence to prove the Will. One has to ensure that the witnesses to the Will are credible and would be available to prove the authenticity of the Will. There is no stamp duty payable on Will.
The beneficiary is required to prove the authenticity of the Will by recording a statement. He/ She also needs to arrange the evidence of attesting witnesses before the court personally or by means of affidavits.
Following the completion of all formalities including putting public notices in newspapers, the court grants probate after considering the documents and evidence on record.
The court generally requires the claimant/beneficiary to provide a surety at the time of grant of Probate. In most of the cases, the beneficiary finds it difficult to provide the surety, however, in such cases, the orders of the court need to be complied with.
In cases of property transfer ownerships, protecting the rights of the beneficiary of deceased persons from any potential fraud or violation assumes paramount.
Will is an important document. One should ensure that it is registered with the sub-registrar of assurances and if possible, also video graphed.
The High Court of Delhi in the matter of Sayar Kumari vs State, 2009, has accepted video recording as an important piece of evidence to prove the Will. One has to ensure that the witnesses to the Will are credible and would be available to prove the authenticity of the Will. There is no stamp duty payable on Will.
Helpful?
28+
28+
Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
CONTACT NOW
This is my response to you:
1. File a probate petition in the HC;
2. Also collect all necessary documents needed for probate;
3. There is no requirement of an NOC;
4. Consult a local lawyer and take steps.
1. File a probate petition in the HC;
2. Also collect all necessary documents needed for probate;
3. There is no requirement of an NOC;
4. Consult a local lawyer and take steps.
Helpful?
25+
25+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
Probate means Certified Copy of the Will. Court authenticates the genuiness of the will & whether free consent was given or not by the testator. Once the Probate is given, the Beneficiaries of the Will can transfer the property in their name. There is no need as such, after procuring the probate from the court, to collect No-Objection Letters/Certificates from other Legal Heirs.
Helpful?
44+
44+
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Wills / Trusts lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
