• Can will/probate be executed from Bangalore if property in Nagpur

My Father who was staying with me in Bangalore got his will registered here. The property is in Nagpur & Wardha. Can the will/ probate be executed form Bangalore? What is the cost involved in terms of lawyer fees.
Asked 6 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) application for probate can be made where the testator was permanently residing at time of his death or where the property is situated 

2) court fees for probate in maharshtra is maximum Rs 75000 

3) legal fees vary 
Ajay Sethi
Advocate, Mumbai
23284 Answers
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The registration of will is optional and not mandatory. There is no law which mandates that the will should be registered only where the property is situated. However, the petition for probate can be filed only in the court within whose jurisdiction the property is situated. The lawyer fee cannot be predicted as there is no fixed fee structure for lawyers.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) probate takes around 6 months if there is no contest of the will 

2) executor has to apply for probate . notice would be issued to legal heirs

3) if there is no objection court would grant probate 

4) after probate is obtained apply for mutation of property in your name on basis of probate  granted by court 

5) it is better you apply for probate from nagpur where the property is situated as permanent address of your father was nagpur 

Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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1. Application for probate lies where the testator breathed his last or where he last resided. place of execution of Will does not create jurisdiction.
2. So choose the court accordingly.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Hi, As the property is situated in  Nagpur & Wardha in either of the place you can file petition for probating the "WILL" not in Bengaluru as the Bengaluru Court has no jurisdiction to entertain the petition.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Guesses dont work in the courts. Probate can be applied only where the property is situated. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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The last will of testament can be registered in any place but it can be probated by the court competent within the jurisdiction where the property situate. The lawyer's fee cannot be predicted, it depends on the lawyer who you would like to engage.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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So I guess I can apply for probate from Bangalore? How long does it take to execute the will, I mean get the property transferred to my name or my sisters names. What are the basic steps involved?

You cannot apply for grant of  probate in a court within whose jurisdictional limits  the property does not falls  for any reason or for the reason you quote here.
If it is a registered will then probate is not necessary, the beneficiaries can apply for mutation of revenue records on the basis of the registered will on their names.
You can approach the tahsildar's office within which the property is situate for further steps in this regard.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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