In Delhi probate of Will is not required. Partition Deed would suffice the purpose..
Need of letter of administration for a registered will
Me and my brother have inherited a immovable property in the area of NCT of Delhi. Based on the advise of the legal adviser we have moved to the court for a probate order and the court has not ordered Letter of Administration to be issued on the payment of fees and completion of other formalities. The mutation of the property in the records of Municipal Corporation has also been done with two of us as joint owners. However now some of our contacts are suggesting that Probate is not required for a registered will and simply the property can be divided on the basis of Partition deed. What is the relevance of Letter of Administration and does only the partition deed will suffice ?
Asked 6 years ago in Property Law
Religion: Hindu
18 Answers
Even LOA was not required and wasted money and time. Neither probate is necessary. Through registered WILL, valid trasfer title. Title is already clear, just execute partition on the basis of WILL.
Dear Client,
There is no use of Letter of Adminstration if will is on the name of you and if the will is registered. You may get transfered the property mentioned in the will on the basis of the will.
in my opinion. No need to probate the will in your case because first of all the will is a registered one .Moreover i believe there is no dispute with regard to validity of will. furthermore, when the will is not registered and some one is disputing the validity of the will, then only it has to be subjected to probate.
Probate / letters of administration is not mandatory in Delhi
2) mutation can be done in name of legal heirs
3) deed of partition can be executed for division of property by metes and bounds
See letter of administration is not required if probate of will is there your names are mutated in the property you ca. Go ahead and can physically partition the property and accordingly can register a partition deed.
1. It is true that, in Delhi, Probate proceedings is not required to be conducted on a WILL document and neither is the Letter of Administration.
2. Since "mutation of the property" in the records of Municipal Corporation has also been done with both brothers as joint owners. This has become legally final alongwith the Registered WILL document, for all futuristic purposes.
3. Partition Proceedings would be required only when one brother wants to sell his share to outsider person. To sell /gift /donate to brother, Partition proceedings are NOT required.
Yes partition deed will suffice. But probate will give legal status and title to the heirs in future
Your contact are right you don't need to probate a registered will of there is no dispute between legal heirs.
You can get the property transfered on your name by providing will in sub registrar office.
The property bequeathed to the beneficiaries by a registered Will, is very much valid and there is no necessity for getting the probate of the Will.
The beneficiaries can draw a partition deed amicably between themselves, get it registered and then get the property transferred to their names in the revenue records.
This will be more than sufficient.
Dear sir,
I am sorry to say that you have been advised wrongly. it is not a mandatory condition to get the will registered.Even if the will is not registered,it is admissible. Now, since you have got the probate from the court, the will is admit by the court to be true and genuine. Letter of Administration is required to provide a person power as a executor of the will. Now if you want to get the property registered in your name, you can get it done by getting a registered deed in your name.
you can contact me for consultation. if any
Regards,
YUGANSHU SHARMA
ADVOCATE
- As per the information mentioned in the present query, makes it clear that you have been guided wrongly on the issue of probate and LOA.
- In case of will, there cannot be a partitioned deed as the probate would divide the share of each in accordance with the wording of the Will.
- Once there is probate then each individual can get it transferred on their name separately.
Me and my brother inherited a property in Delhi by virtue of a registered will . We had applied for probate in the court of law and the honorable Judge ordered letter of administration to le issued subject to payment of court fees and other formalities . Now the court fees is very high and we do not wish to proceed further , what is the process for the same and also the original will is submitted in the court so can we get it back. Your insights will be very helpful.
Asked 6 years ago
See you can withdraw the petition and seek.original.documents back by filing an application and your can present the registered will before authorities to register flat in your name.
You can withdraw the same. You will not get the letter of administration
1. Move Application for "Return of Original Documents", with proper clauses and justifications, for closure of process from your side.
2. Judge will pass orders, consequent to which the Court Registrar will return the original documents, by following due procedure of law.
If you don’t pay court fees application for letters of administration from district court would be dismissed
you can apply for withdrawal of your application for LA and take back original will filed in HC
Dear Client,
If you don't want to continue your case, you may withdraw it and apply for the certified photocopies of the original will.
If you don't want letter of administration then you should withdraw the petition from court.
And make application for release of original documents from court.