• Mandatory Probate for Mira Road, Thane

A father wishes to ensure smooth asset transfer to wife and only child (son). No other family members are involved. Son and mother totally trust each other and have zero concerns/expectations about the distribution between them. Family is Hindu

Father is a resident of Mira Road, Thane, and assets include a house in Mira Road, Thane as well as bank and share accounts in branches in the same area.

I have read from two very respectable sources that registered wills in Mumbai, Chennai and Kolkata MUST go through probate process through court, where the burden of proof is on the executor to prove everything in the will ranging from validity, state-of-mind, non-coercion, etc. There is apparently also a step where court publishes a notice and judges any possible objections. As far as I can see this would time consuming and require multiple hearings over months or years.

Question 1: Does this special process for Mumbai also include Mira Road, Thane? From a third similar source the answer is yes, but I am not sure.

Question 2: Given the complicated process, should a will be avoided in favor of intestate transfer? (especially given the ultra-simple situation where beneficiaries are wife and son who don't care how much goes to whom)
Asked 15 days ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Probate is not mandatory in thane district 

 

2) if testamentary petition for probate is not contested you would get probate within period of one year 

 

3) always advisable to execute will in favour of beneficiaries 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

1. Yes

2. It's better. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

  1. A will anywhere in India probate for transfer of property as per the terms of will.
  2. Probate proceedings are simple and can be finalized within three months if all legal heirs concur. It will not take more than 3 to 6 months from the date of  
  3. A will is always open to challenge and it can be from any quarter. It is safe to transfer the property inter vivos to seek that the same is entrusted to intended beneficiaries.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

As tge legal heirs are mother and son, tgwre ia no need to write a will as it complicates the process further. You father can distribute the property through a gift deed or he may simply not do anything and the intestate law of succession would operate.

A will in your case should be avoided as the heirs are mother and son who have no disputes between them.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

Dear Client, 

It is always advised to have a will, although the probate of the will is not mandatory in all other cases, it is advisable to obtain probate in cases where there is a probability of the validity of the will being challenged on any grounds in the future and as per the facts provided by you, if there are only two-person and no one is going to challenge the will it not mandatory to probate. 

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

As Thane is a separate city and don't come under the presidency town, that is Mumbai,  it is not mandatory to approach court for grant of probate of Will. 

It is the the decision of the beneficiaries either to go for enforcing the Will or to inherit the property through law of intestate succession. 

There's no compulsion on this. 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

1. Since there will be no dispute in future regarding equal or as in agreed proportion between the only two legal heirs, it's suggested not to execute a WILL and allow it to be transferred to the Mother and Son through intestate transfer.

2.  In the alternative, if you agree, you can execute a registered Gift Deed in favour of your wife and son so that the transfer of property in the name of wife and son is effected immediately during your lifetime itself.

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

Thane has its own district court 

 

It does not come under presidency town of Mumbai 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

Thane is a separate city 

Thane has been a part of the Mumbai metropolitan region and has its own municipal body since 1982.

Thane and Mumbai are different cities as Thane is the administrative headquarter of Thane District while Mumbai is the administrative headquarter of Mumbai District as well as the capital of Maharashtra.

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client, 

Thane is a district in the Konkan Division of Maharashtra. In cases of wills being implemented in the city of Thane, it is necessary to get probate to implement and execute an unregistered will if there is a probability of the validity of the will being challenged on any grounds in the future and if it is registered then it is the proof and confirmation of the fact that this registered will is the last remaining will and testament of the deceased.

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

It doesn't come

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

only those Wills made within the territories of Bombay or Wills made outside Bombay but pertaining to properties situated in Bombay, are required to be compulsorily probated u/s 57 of the Indian Succession Act, 1925

here the property is in Thane, so probate is not compulsorily required

however many societies and banks still insists for probate 

for that the executor will have to make an application for grant of probate to the local district court

if the legatees named in the Will are to be the wife and son in equal proportions, then might as well go for intestate succession, where there is no Will

a Will may be needed only when the owner/testator wishes to distribute his assets unequally to his legal heirs 

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

 - As per the Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate) , and it is optional and not mandatory for these persons to seek probate of the Will.

- However, Probate establishes the genuineness of WILL, and it stops future disputes.

- Further, as per the Section 222 of the Indian Succession Act, 1925, Probate shall be granted only to an Executor appointed by the Will, and in the absence of the Executor being named in the Will, the Legatees or the Beneficiaries under the WILL could also seek probate of the Will.  

- Hence, for removing any hurdle of future and selling the property , WILL must be probate from the court , however it is not mandatory in Thane district. 

 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer