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Is Probate required for a Registered Will


25-Nov-2023 (In Wills / Trusts Law)
I am sole beneficiary to my aunts RegisteredWill,duly registered in Delhi. She passed away 18 months ago.She made her Will at the age of 83 during the onset of her terminal illness 16 months before she passed away.She was never married& has no class1 heirs.I &my mother(sister) were the closest to her, though she has 2 more brothers who she never liked and never spoke to for several years.She has clearly stated her dislike for them in her Will. The 2 brothers have challenged her Will & my substitution in a property in Uttar Pradesh but have not challenged her Registered Will here.She was a resident of NewDelhi and had her main property here in Delhi and has 1 in UP. The estate values are high & I have for the last 15 months fighting my case in UP district court. My lawyer advises me to go for a probate since he says I get 3 years from the time my Will is challenged anywhere??? Is probate required for a Registered Delhi Will? When do I have to give the Probate fee & what %age?
Answers (2)

Answer #1
805 votes
As they have challenged the Will so you need to prove the same either by filing probate or by producing witnesses in the same suit in which they have challenged the Will. However all documents are required to be examined for better advice.
Answer #2
835 votes
Probate of will is not necessary. Especially in view of the fact that the Will is registered and the other heirs have no objection regarding the Will.

Probate of Will is only a stamp of authentication by the court that the Will is genuine and is not being challenged.

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