• Probate property

The property is under probate process. Can the same property be given on lease. If yes than let me know under which section the lease agreement suppose to be commenced
Asked 3 years ago in Property Law from Contai, West Bengal
The pendency of Probate proceeding has nothing to with execution of lease agreement more so when there is no bar created by court by way of any order of injunction.
Any person claiming better tile than the lessee can execute the lease agreement. The probate proceeding deals with genuineness of Will, not with regard to title of a person over a particular property.
Devajyoti Barman
Advocate, Kolkata
12856 Answers
166 Consultations

5.0 on 5.0

1) probate is filed to prove that will has been executed by testator .

2) probate is judicial proof that will is genuine . 

3) there is no bar from giving property on lease pending proabte proceedings
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

1) Probate is a process by which judicial ratification is given to the Will made by the testator during his/her life time.

2) Therefore there is no bar in leasing the property.

3) The question that needs to e determined is who has he right to lease. If this aspect is clear in the absence of a will you may go ahead with leasing the property .
S J Mathew
Advocate, Mumbai
2243 Answers
110 Consultations

5.0 on 5.0

1. The object of filing probate is to seek a judicial certification of the fact that the will has been executed by the testator. Grant of probate proves that the will is genuine.

2. Until and unless there is a clause in the will or a court order which bars leasing out of the property which is the subject matter of the will, creation of lease before probate is granted does not suffer from any legal infirmity.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. I humbly state that I have different opinion in this regard,

2. Without being granted with the probate, the ownership of the property is not decided,

3. Hence, at the time of entering in to a lease agreement in connection with a property by a person whose title has not yet been decided, he is not entitled to execute the said lease agreement,

4. If probate is finally refused to be granted in his favour, the said lease agreement will become totally invalid.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

I agree with the views of Mr.Ganguly. But a clause is made in the lease about pendency of the probate proceedings and lease is subject to outcome of the same.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

Hi, as per section 295 of the Indian Succession Act if there is no disputes regarding the will then probate proceedings will go on smoothly or otherwise it can be tried as original suit and  during the pendency of the probate proceeding no ownership of the property is not decided so during the pendency of the probate proceedings entering into a lease agreement will become invalid.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

A. Lease is transfer of interest, so interest becomes a convert a legal right when the issue will happen. You have no right to enter into a lease agreement because of basement of title still vest with the Will and it's genuinity should be confirmed by the Court.

B. During the pendency of the Probate proceedings before the Court and this process for establishing whether the Will is genuine or not? So it should be clinched by the Court. Hence, follow the A's reply and Mr. K.K.Ganguly andS.P. Srivastava has rightly pointed out with respect to the same.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

during probate proceeding that property is called les pendens. generally you can't lease out that property but after getting permission of the court and show your right in the property according to will you can lease out that property. sec 52 TPA is applicable in this matter.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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