• Will and probate

My father left in feb 2018 leaving a registered will . I have not got the probate done. I am living in New Delhi and the immovable property is also of New Delhi. My question is it compulsory to get the probate done??? And also my only sister and mother are asking for a copy of will from me. Is it necessary to give them a copy of my fathers will??
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Probate is optional in Delhi

2) you must give your mother and sister copy of will

3) it is better to apply for probate of will to avoid legal complications later

4) if there is no contest you would get probate in 6 months

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

It is not mandatory to obtain grant of probate in Delhi for a registered will in Delhi, but it is always advised to to prevent future disputes and litigation.

You can provide a copy of the will to your siblings, if you want. They can also obtain the same from registrar office which the will was registered.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Client,

Probate is not required in Delhi. So no need to file.

Copy of WILL should be provided to them, cause they had inheritance right on father`s intestate death, so they must be aware by what mode they have been disinherited.

You can refuse to provide them copy, they can apply for certify or claim through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. It’s compulsory to get probate of a valid will for legal transfer of property.(movable and immovable)

2. File a probate petition and then serve them a copy through court.

For any assistance please feel free to consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1. In Delhi probate is not mandatory.

2. There is nothing wrong in sharing a copy of will with them albeit you are under no legal obligation to do it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

No in case of registered will you donot need a probate you can directly apply for the mutation of the property.

You should give them a copy of the registered will.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Probate not necessary. Giving copy is must.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Firslty, Sir, yes it is mandatory to probate the same otherwise you won’t be able to claim your right over it.

Secondly, you would also be needed to get the succession certificate for the by the court itself.

Thirdly, yes, you should give copy of the same to them otherwise they may feel cheated by you just by saying anything in the air.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes probate is essential and if not done the will would loose it's validity.

Also if the property is ancestral, mother and sister would have their rights.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Yes, she them the copy of WILL if you want to get property than get probate done.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No it's not necessary to give them a copy.... However if you wud like to probate the will that's all of your choice....

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

1. It is not mandatory to obtain probate for the will executed at and for the property located at New Delhi.

2. You are also not required to handover copy of the said will to your mother and sister. However, if they file any partition suit claiming their share of the property, you shall have to contest the same by submitting the copy of the registered will of your father bequeathing the entire property to you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

I think the Will is in your favor only, hence you need not to give them a copy of the Will. In Delhi the probate of Will is not compulsory.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

hello,

probate is done so that you get the letter of administration from the court and then you may apply for mutation. if not done, the will may be disputed afterward. giving them a copy of the will would not do any harm.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

The registered Will need l not be probated.

In Delhi it is not mandatory to get the unregistered will aslo probated.

If your mother and sister are asking for a copy, what is preventing you from giving them a copy, there is nothing wrong in it, you can give ti to them, let them discuss with their lawyer and want to challenge let them do it, you can contest the same properly on merits in your side,.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. In Delhi, there is NO mandatory requirement for the Probate proceedings to be conducted, UNLESS there is a dispute about the will and the property of the deceased, by other surviving legal heirs of the deceased.

2. Copy of the Will MUST be given to the other Legal Heirs, to enable them to take a legal & informed decision. AS it is IF the matter goes to court, then you would have to necessarily file copy of the will and give copy of will to all concerned.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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