Is probate of will necessary to enter my name in property card?


I have a register will can I enter my name in property card or city survey or probate is required for this process?

Answers (2)


348 votes

Probate is necessary only in Erst while Presidency towns of Bombay(Now Mumbai),calcutta(Now Kolkatta),Madras(Now chennai). Therefore if you do not belong to these metropolitan cities then on the basis of your registered Will, then you are first required to apply for mutation before the respective Municipal Corporation . Thereafter, you can get your name entered in property card or city survey.


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227 votes

Thank you for the query as this is an often asked question. Probate of a Will is ordinarily not required. You would need a probate if you wish to use the Will in legal proceedings. You can approach the local revenue authority to have the property mutated in your name. Though the requirements may differ from jurisdiction to jurisdiction. In Delhi a probate is not required though several Advocates recommend it to have a clear title to the property and to avoid issues in the future. It is a straightforward process. If you have any further queries please feel free to post them here.

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