• Probate of will

We are two brothers and three sisters. One of our sister had USA citizenship and settled in USA. My mother before her death, had made a registered WILL of her property in Delhi in two brothers name .Our three married sisters who have no objection for the said property our property market value is about 3.5 cores and our question are as follows :-

a)	Is Probate in Delhi is necessary
b)	Whether Probate is required in our case when sisters have no     objection.  
c)	if we go for probate of will, what is the rate of stamp duty /court fees or other charges     as applicable and How much time is required for probating.
  
d)	Is it possible to get an NOC in form of affidavit from the sisters.

e)	Is there any other better solution as we( brothers) wish to reconstruct the house
   from two story flat to four story flat  by builder and our builder need clear papers..
Asked 2 years ago in Property Law from New Delhi, Delhi
In Union Territory of Delhi, probate of a will is not mandatory.  your sisters dont have any objection. you have a registered will in your favor. so you need not worry. i hope your names have been mutated in the records on the basis of the will showing you as owners of the property now. you may take NOC of your sisters on a precautionary basis.
Tulika Prakash
Advocate, Gurgaon
113 Answers
70 Consultations
5.0 on 5.0
1. Taking of Probate is always advisable , more so, when other legal heirs are ready to give NOC.
2. So apply for probate.
3. If you pay the highest court fees of Rs.50,000/- then you can apply for it.
4. The NOC is required in the form of a petition supported by affidavit.
5. All of you can execute a mutual deed of partition wherein the sisters can relinquish their shares.
Devajyoti Barman
Advocate, Kolkata
6884 Answers
78 Consultations
4.9 on 5.0
Hello,
1) Probate of will is not necessary in Delhi especially in view of the fact that the Will is registered and the other heirs have no objection regarding the Will.

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

3) It would be advisable that you obtain affidavits from the sisters to the effect that they have no objection to the Will being executed. Thereafter you can get the property mutated in your respective names in the records.
4) Once this is done the builders should have no problems to proceeed with construction and a contract with you.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
1. Probate is optional in Delhi. This being said, probating the will obliterates the possibility of a subsequent challenge thereto. Hence, probate should be applied as a matter of prudence even if the same is not mandatory.

2. Your sisters can inform the probate court that they do not have any objection to the grant of probate.

3. Stamp duty could be around 50 thousand. In Delhi it may take up to 8 months to get the probate in your case.

4. No NOC is required from the sisters in view of the fact that you and your brother have a will in your favour. NOC would have been required only if your sisters had a share in the property, but they have not been given any share in the property by your mother.

5. You are at liberty to reconstruct the house. Apply for mutation and then start the reconstruction.
Ashish Davessar
Advocate, Jaipur
19585 Answers
507 Consultations
5.0 on 5.0
1. Probate is not mandatory in N.Delhi though it is always advisable,

2. It is advisable,

3. The maximum court fee to be paid is Rs.50K,

4. Ues, the NOC in the form of Affidavit is required,

5. You can get partition deed  executed and registered by all wherein the sisters will relinquish their shares,

6. This method will be easier and quicker.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
1) probate of will is not mandatory in delhi . however it is always advisable to obatin probate particularly so when property is valued in crores 

2)if you apply for probate notice will be issued to all legal heirs . if your sisters dont contest the will you will will get probate in 6 months time . 


3) court fees vary in each state  . in maharashtra it is maximum Rs 75,000 for probate .

4) if you dont want to apply for probate obtain affidavit from your sisters that they have no objection to transfer of property in name of the 2 brothers 

5)you can apply for mutation of property in name of beneficiaries on basis of NOC issued by the sisters and the registered will executed by your mother
Ajay Sethi
Advocate, Mumbai
27245 Answers
1480 Consultations
5.0 on 5.0
probate is a legal document necessary for execution of WILL. in each case it is required because how can court give its judicial decision if any dispute will arise in future. Execution of WILL through probate prevents future litigation and disputes. If will is executed without probate then it is called family settlement and if dispute may arise on the basis of WILL then your settlement will cease to exist.  If your sisters are agree to leave her interest then you should take relinquishment deed, duly sign by her. This deed should be place before the court if any dispute arises.
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Hi, probate for the will in Delhi is not required and further your sister has no objection to the will.
2. Based on the will you can change the katha in your name.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
4.3 on 5.0

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