• Is probate necessary

My father died in 2015. he has left behind my mom my sister and myself. he has few properties in Mumbai in his name. for some reason I need to sell of one property. do I need to obtain a probate from the court to get our names on the property card. and also can I sell the property without the probate
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1. In mUmbai taking of Probate of mandatory.

2. here taking of Probate is compulsory without Probate the Will has no value.

3. However taking of PRObate is not compulsory to sell a proeprty if all the legal heirs joins the sale deed.

4.For name transfer also taking of PRobate is not necessary nor name transfer is mandatory to sell the proeprty.

All the best.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1)for hindus probate of will is mandatory in Bombay

2) you can file for probate .

3) it should not take more than 6 months

4) then apply for mutation of property in name of benficaries mentioned in the will

5) then sell the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

In Mumbai probate is mandatory for a will, failing which the will is nothing but a waste paper. So if your father made a bequest of his properties then you have to file a petition for probate in the competent civil court. If, however, no will has been made by him then the property devolved through succession on his legal heirs i.e his widow and children who are at liberty to sell the property through a sale deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. All the legal heirs of your demised father can jointly sell his properties.

2. Probate is granted for putting legal seal on a will jeft by the demised owner of properties and if there is no will executed by your demised father then there is no question of any probate to be obtained by you.

3. Unless you are the sole owner of a property, you can not sell the same. So, you can not sell the said property of your demised father alone without the consent of other legal heirs of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You need probate only when he had left any will behind on his death.

If ther is no will then the properties shall devolve equally on all his legal heirs.

The property card shall be made on the names of all legal heirs and on your name alone.

You can sell the property jointly and not individually.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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