Probate - will for a residential property division
8 months ago
(1) Is a will for a residential property division made and registered by parents mandatory to be probated? (2) If mandatory or willingly probated by the beneficiaries (now parents have died), is there a time frame for probation? (3) what happens if probate is attempted after the time frame?
The Will is made by a Hindu, Jain, Sikh or Buddhist residing in the state of West Bengal, Chennai or Mumbai. A Will within the geographical limits of the state of West Bengal and municipal limits of the metro cities of Chennai and Mumbai. There is no time bar for a will to come into effect. a will is valid whether it is registered or unregistered. A will exists in perpetuity and is valid for time-immemorial after the death of the testator and there is no bar on its enforcement. The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial. A will can be challenged up to 12 years from the death of the testator
ABHIK PAL
Replied 8 months ago
Dear Sir,
I did not ask on the validity of the registered will. I asked on (1) whether a probate in court of the will is mandatory (2) any time limit of a probate to a will? So my questions were on the probate, not the will!
Legal Counsel Vidhikarya
Replied 8 months ago
(1) probate of the will in Court is mandatory (2) any time limit of probate to a will? Ans: a will exists in perpetuity and is valid for time-immemorial after the death of the testator and there is no bar on its enforcement. The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial.
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