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 in Property Law from Bangalore, Karnataka
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
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.
My father was suffering from cancer, so I brought him to Bangalore for treatment and care in September 2014 and he was with me till he passed away in March 2016. The will was registered in the presence of 2 witnesses
about a month before he passed away. Earlier he was staying in Nagpur. He did not have address proof / bank account here but was admitted many times in a leading hospital here almost every month for treatment. 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? Thanks.
Asked 10 months ago
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
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.
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.
Guesses dont work in the courts. Probate can be applied only where the property is situated.
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.
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.