The following is the recent judgement by madhya pradesh high court: n the high court of madhya pradesh a t j a b a l pu r before hon'ble shri justice gurpal singh ahluwalia on the 17th of february, 2024 writ petition no. 2301 of 2024 according to the above judgement is it absolutely necessary to get probate on the will for mutation in the land records and municipal corporation. assume that there is no dispute on the will and will is a registered will in the state of madhya pradesh.
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Probate is optional and not mandatory in MP
2)If there is dispute then probate is mandatory
3) judgment depends upon facts of each case
4) the SC holds that the Will is not required to be probated in respect of Delhi for claiming right under the Will executed in Delhi, for the property situated in Delhi. The probate is compulsory required for the Will executed in Calcutta, Madras and Bombay or if the property is situated in any of the said three areas.
You have not posted your query instead you have given information about some judgment without giving the details of the judgment too.
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My question is that can I do mutation of the properties in Municipal Corporation and land records through registered will without going through lengthy procedure for probate in state of madhya Pradesh and Chhattisgarh. Assume that registered will does not have any disputes and all the papers are in order.
1. Probate of WILL is optional in the State of Madhya Pradesh and it's not compulsory for mutation in the land records and municipal corporation. Registration of WILL is not compulsory and even an unregistered WILL shall have the same legal validity as that of a registered WILL.
2. In the instant case it's not absolutely necessary to get probate on the WILL for mutation in the land records and municipal corporation, if there's no dispute in the contents of the WILL.
Obtain consent affidavit of other legal heirs
2) you do t need probate of will to get mutation of property done in name of beneficiaries of the will
It is not mandatory to get the Will probated in all the places except Madras, Bombay and Calcutta, therefore you can very well proceed with the the application to mutate the property and keep the copy of the Will as well as a NOC from other legal heirs who are not the beneficiaries of the Will.
- If there is dispute , then the probate of Will is necessary.
- Otherwise, the Mutation of a Will can be done on a registered Will
- Further, the Probate of Will is not mandatory in M.P.
That Judgment is not applicable in your case, in this case, the High Court decided the matter in which the Will was under disputed, in your case there is no disputes than this Judgment is not applicable.
Even in the Judgment MP HC did not held that probate is mandatory, it says the declaration that the Will is Genuine by civil court, if there is any dispute.
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Judgement is passed in ignorance of the Law. There is no need of Probate in MP.
. Ordinarily, under such circumstances, mutation of property is conducted by submitting an application supported by the Will.
1. You can mutate you name with the help of the registered will.
2. However, such mutation can be amended in case someone challenges your mutation application and also the will.
Yes there are Supreme Court judgements that only registered will is a valid will. Mutiation anyway is not a proof of title of property
The recent Madhya Pradesh High Court judgment (Writ Petition No. 2301 of 2024) you mentioned doesn't necessarily determine the absolute necessity of probate for mutation in all cases.
Here's a breakdown:
Probate vs. Mutation:
Probate validates a will in court, granting legal recognition.Mutation updates land records with the new owner's name (in this case, the inheritor through the will).
Relevance of the Judgment:
Without access to the full judgment, it's difficult to say definitively.The court might have ruled based on specific facts of that case.
General Scenario (assuming no dispute):
In Madhya Pradesh, probate for mutation might not be mandatory if:The will is registered.There's no dispute about the will's authenticity.However, specific procedures for mutation might still be required.
Additional Considerations:
Some states in India might have different requirements for probate and mutation.Even if probate isn't mandatory, it can offer additional legal protection in case of future disputes.
