1) probate of will is necessary in whole of Mumbai
2) court fees is maximum Rs 75000
3) you can apply for probate where your father died or where property is situated
4) probate takes around 6 months even if affidavit is filed
Is probate of will required in Andheri Versova?
My fathers will is registered in Gurgaon Haryana for all his self-acquired movable/immovable assets go to my mother and therein for a co-owned property between my father and me in Andheri Versova - 1.) is the probate of the will necessary ? I read probate is required in Mumbai ( besides Chennai & Kolkatta ) but does Mumbai cover the main city limits or all of the greater Mumbai area as well. 2.) if probate is necessary - can I apply for it in Gurgaon or have to apply only in Andheri Versova ? 3.) I read maximum court fees for probate has Rs. 75,000 as the ceiling limit, is that the max I will need to pay for a high value property ? Am aware that the other payable as the lawyers fee will be based on advocate’s ask. 4.) If me and my sister ( as two legal heirs ) submit an NOC affidavit together with the probate application by my mom stating no interest to claim ever , will the probate process speeded up to take lesser than 6 months, since no notice needs to be served and waited upon for a reply. How early can it be possible as a guesstimate.
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
Full mumbai but probate dose not require until somebody objects the WILL. So, go ahead with the WILL to transfer the property, if demand raise than apply for it.
Probate is optional except in MUM/KOL/CHA but when objection to validity of WILL. Registered WILL, presumption of it`s valid execution.
Probate granted by any court in India, valid all over India. In Mahrashtra maximum court fees is Rs 75000 for probate.
Notice will issue or can present on same day with mother. After your NOC, court will examine due execution of WILL. If duly executed, Probate will grant.
Probate is necessary for property of Mumbai.However it is always advisable to get the Will probated from a competent court and on the basis of such Letter of Probate the property should be transferred in order to avoid any future litigation. Once the Will is probated, the validity of the Will is confirmed by the Court. No heir will be able to question the transfer or validity of the Will.
1. Getting probate is mandatory in Mumbai, including greater Mumbai.
2. File for probate in Mumbai only. If you file it in g urgaon, buyers in Mumbai might ask for ancillary probate from Mumbai Court which would double your work as well as legal expenses.
3. Yes
4. It can be done in 6 months, notices would be served to all the parties who would inturn have to file no objection certificates in the court and then decree of probate would be granted.
1. For ANY "immovable property" in "entire /anywhere in" Mumbai jurisdiction:
a) Probate "mandatory" to be carried out in Mumbai HC
b) Probate Fees maximum 75,000/- (irrespective of any higher valuation of property) plus Lawyers fees.
c) Probate proceedings: typically 4-6 months , irrespective of submission of any preemptive documents.
2. IF mumbai property is intended to be sold in very very near future, THEN no need of probate. Just simply execute registered Sale Deed, annex WILL document, indemnity bond and "ALL" the residual Legal Heirs of deceased person, shall have to sign as "Consenting & Confirming Parties", on the sale deed, in front of registrar of sub-assurances.
- An unregistered will is valid document, if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence.
- Hence, the Registration of a Will is not compulsory , and after the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate.
- Further , A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.
- So, for the execution of the unregistered WILL , and to distribute the properties as per WILL , one should file a petition for Probate the said WILL before the court.
1. Hence, probate of will is not mandatory , but for the sake of any dispute in future , it is necessary in whole of Mumbai
2. The probate petition will be filed , where the WILL has been signed and witnessed , hence its first jurisdiction is Gurgaon , Haryana.
3. Yes
4. Yes, the proceeding to get Probate , will not take much time , if NOC affidavit submitted with the application,
1. Probate is not mandatory for execution of registered will. But probate will be required for execution in other state.
2. Yes you can apply for probate of will in Gurgaon and it will be applicable for all properties across India.
3. You have to pay 75k if court fees have upper limit.
4. Yes process will speedup after your NOCs
In mumbai probate is mandatory for a will
The application for a probate has to be made to the competent court (a pecuniary jurisdiction).
Court fee to obtain probate in Maharashtra is up to 75,000.
Probate ordinarily takes between 6 to 9 months
1. If you are enforcing the Will in Mumbai then the probate of \will is mandatory in Mumbai.
2. If there are any property in Gurgaon then the probate is not necessary, even the Mumbai property can be covered while the Will is being enforced in Gurgaon.
3. You have been rightly informed about it.
4. In that case, you three can be the petitioners with Nil respondent, so that the case can be disposed within three months or at the earliest.
