probate is not mandatory 

advisable to apply for probate 

3) komal will not get entire  share of deceased mother . 

1. If Shanta’s 2025 Will is valid, Komal will receive Shanta’s full share in every scenario. Whether Maruti’s Will is upheld or rejected, Shanta’s portion earned through Will or intestate succession will pass exclusively to Komal under Shanta’s 2025 Will.
2. Probate is not mandatory in Nanded. It is compulsory only for Wills related to properties in Mumbai, Chennai, or Kolkata. For mutation or property transfer, Komal may only need Shanta’s Will, the death certificate, or at most a simple declaratory order. Probate remains optional.
3. Immediately move an application under Order 18 Rule 16 CPC to record Shanta’s evidence due to her worsening health. Secure both attesting witnesses of the 2025 Will. Maintain a consistent defence in the ongoing Will challenge.
4. If Mrs. unfortunately dies before, obtain her death certificate and apply for mutation of her share in Komal’s name. If objections arise, file a declaratory suit or optional probate for clarity and smooth transfer.

1. no

2. although probate is not compulsory in this case but for all practical purposes a probated Will would be required

3. only the LRs of Nagendra are not supporting the other defendants. The other defendants are still propounding the Will of Maruti. So the Plaintiffs will have to prove by evidence that Maruti's Will is not genuine. Since LRs of Nagendra are supporting the Plaintiffs now, they can be transposed from defendant side to Plaintiff side. Even if that exercise is not done, the LRs. of Nagendra upon having compromised with the Plaintiffs, they would not contest the suit anymore. 

If it’s not registered in metro city private not mandatory but can be taken if required through high court

Based on the facts you have provided regarding the challenge to Maruti’s 2017 registered Will, the subsequent compromise statements filed by various parties, the death of Nagendra, and the present health condition of Shanta, the legal position is as follows.

If the Court upholds Maruti’s 2017 Will as genuine, the properties will devolve equally upon Shanta, Nagendra and Komal. Once Shanta receives her 1/3rd share, she becomes the absolute owner of that share under Section 14 of the Hindu Succession Act. As an absolute owner, she had full authority to execute her own Will in 2025 bequeathing her share exclusively to Komal. Therefore, if Maruti’s Will is accepted by the Court, Komal will not only receive her own 1/3rd share but also the entire 1/3rd share of Shanta under Shanta’s 2025 Will. This means Komal will ultimately receive two-thirds of the property, subject to Shanta’s Will being considered valid.

You asked whether Komal would require probate of Shanta’s Will. Probate is not mandatory unless the property is located within the original presidency towns (Mumbai, Chennai, or Kolkata). If the property is outside these jurisdictions, probate is optional. However, even where probate is not compulsory, it is advisable, as it prevents challenges by other heirs in the future and ensures smooth mutation and transfer of title.

Your urgent priority should be to ensure that Shanta’s evidence is recorded without delay, given her deteriorating health. You must immediately file an application under Order 18 Rule 16 of the Code of Civil Procedure to request the Court to record her testimony at home, in hospital, or through video conferencing. Her evidence will be crucial for establishing the genuineness of her 2025 Will and confirming her intention to give her share exclusively to Komal. If her testimony is not recorded in time, other parties—such as Nagendra’s legal heirs, Vijaya or Bhagya—could later challenge her Will on grounds of coercion, influence or lack of sound mind.

You should also secure and preserve the 2025 Will by keeping the attesting witnesses available and maintaining medical records showing Shanta’s mental fitness at the time of executing the Will. This will provide strong defence if anyone challenges the Will after her demise.

The compromise letter filed by Nagendra’s legal heirs along with Vijaya and Bhagya, in which they took a stand contrary to the Will and declared it false, will not automatically defeat your case. Their contradictory positions can be highlighted in cross-examination to weaken their credibility.

Continue pursuing the present Will-challenge case to final judgment. If the plaintiffs attempt to withdraw, insist on dismissal with costs so they cannot file a fresh case on the same grounds.

In summary, if Maruti’s Will is upheld and Shanta’s 2025 Will is proved, Komal will lawfully receive Shanta’s entire share. Probate is not mandatory unless the property is in a presidency town, but it may still be useful. Your immediate step should be securing the recording of Shanta’s evidence through Order 18 Rule 16 CPC, preserving the Will, and preparing for potential future challenges by other heirs.

If you would like, I can prepare the draft application under Order 18 Rule 16 CPC and a full strategy note for your advocate.

If you wish to contact us, you may do so on https://qrco.de/

1. insofar as the share of Shant is concerned, whether she acquires it through the Will created by her deceased husband or upon intestate succession, she becomes an absolute owner of such a share in the property, hence she is at her liberty to transfer her share in the property to anyone of her choice by this testamentary succession (Will), since Komal is named as beneficiary in the said Will made by Shanta, she has full rights to acquire the share of Shant in the property by enforcing the Will as per law.

2. It is not mandatory to get the Will probated in Nanded, however if any dispute arises in this regard, she may get the attesting witnesses depose evidence before the trial court.

3. Nagendra's LRs have joined with the plaintiffs and reportedly on a compromise note, hence the actively contesting defendant Komal can fight it alone in the given situation of her mother's deteriorating health condition, even if her mother is not able to contest the case effectively. 

- As per law, the Maruti was having right to transfer his self acquired property to anyone without taking the consent of his other legal heirs. 

- Hence, his wife and son & daughter having equal right over the property as mentioned in the said Will.

- The daughter whose names are not mentioned in the said Will having no right to claim 

- However, it also depend upon the case filed by them and the ground of the challenge the Will 

1. Yes , if her name is mentioned in the Will of Shanta 

2. Without final judgement of the case , the Will written by Shanta cannot probated.

- The registration of Will is not mandatory , and it can be written on a paper in the presence of two witnesses.