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Is probate of a Will necessary for transmission of share in society


08-Mar-2023 (In Wills / Trusts Law)
Whether Ho. Society can ask for a Probate of a Will for transmission of share of a deceased member when there are other joint members and there are no other claimants/objection in the will. Only copy of Will is not sufficient for the transfer. Why probate is a must. Notice board exhibition of any objection in society is not enough .
Answers (2)

Answer #1
827 votes
Hello,
Probate of a will is required so that it is authorised by the court that this will is a gueniun will and it's not forged or signed under any influence.
The other hiers who are not part of the will can object if thy feel the will is not correct hence Probate is required.
Answer #2
738 votes
Dear client,
A probate is required only under following circumstances :

(i) All wills of Hindus etc made on and after 1 September 1870, within the provinces of Bengal, Bihar, Orissa and Assam and within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay.

So from your query it is not getting cleared that where is your flat/ society situated. And where the deceased member have executed his/ her Will.
It is quite impossible to answer your quert without all the clear and proper details.

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