• Probation of registered will in Delhi

Is probation of a registered will mandatory in Delhi ?
Asked 8 months ago in Property Law from Delhi, Delhi
Religion: Hindu
1probate of will is not mandatory in Delhi 

2) it is immaterial whether will is regd or not as registration of will is also optional 
Ajay Sethi
Advocate, Mumbai
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1) it is always advisable to obtain probate of will 

2) you should obtain NOC from legal heirs for mutation of property in your nane 
Ajay Sethi
Advocate, Mumbai
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1. Probate is not mandatory in Delhi.
2. If a property has been willed then the excluded legal heirs are out of picture for all legal and practical reasons, hence there is no need to obtain NOC from them.
Ashish Davessar
Advocate, Jaipur
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Probation of will is not necessary in Delhi but when you go for mutation, NOC from other legal heirs is necessary. This is a step towards legitimacy of the will. 
H. S. Thukral
Advocate, New Delhi
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1) you would need consent of the legal heirs of the sisters for mutation 
Ajay Sethi
Advocate, Mumbai
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It is not required. 
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Is it necessarry to obtain No objection from non beneficiaries under a registerd will for getting the mutation of property done from MCD, New Delhi ?

If the will is a registered document or has been probated, then the NOC from non-beneficiaries or other legal heirs is not required for mutating the records from MCD. 
T Kalaiselvan
Advocate, Vellore
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Is probation of a registered will mandatory in Delhi ?

It is not mandatory to obtain grant of probate for the registered Will document in Delhi or any other place.


A probate for a will is required to be obtained only under circumstances mentioned in Section 213 of Indian Succession Act, 1925. Section 213 is reproduced for ready reference:-

“Section 213 : Right as executor or legatee when established –
(1) No right as executor or legatee can be established in any court of justice, unless a court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.
[(2) This section shall not apply in the case of wills made by Mahommedans and shall only apply in the case of wills made by any Hindu Buddhist, Sikh or Jaina where such wills are of the classes specified in ‘Clauses (a) and (b) of Section 57.’]
T Kalaiselvan
Advocate, Vellore
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Out of 3 non beneficiary  sisters, two have passed away and the third has already given me NOC. Shall I have to get the NOC from the deceased sisters husband and kids for mutation ?

Actually NOC is not required for mutating the revenue records if the Will is registered or probated. 
In this connection there are various settled laws to confirm this, for example case decided by supreme court in 
Nathu Ram Jain vs Delhi Development Authority & Anr on 21 September, 2010
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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