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Q. Probation of Will

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Anonymous

posted 5 months ago

Q.Probation of Will
Do I have to probate the Will? My cousin died leaving two flats to me and my two children. I am a Christian. Is it compulsory to get probation?

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Dear Client,
Yes its better to probate the will in order to avoid further complications.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Probate of a will is not a compulsion, you may or may not probate a will.
However, by doing a probate, the person who has the probate is now secured that the will and the contents of the will cannot be challenged any further.
Thanks

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Anonymous

Replied 5 months ago

Can the building association compel me to probate the Will even though Muslims and Christians are not compelled to probate the Will?

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Shreyash Mohta

Experience: 1 Year(s)

Replied 5 months ago

If you do a probate you will be secured legally. Though no one can force you but it is recommended that you probate the will to be secured legally.
Thanks

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Anonymous

Replied 5 months ago

Thank you for your help.

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Shreyash Mohta

Experience: 1 Year(s)

Replied 5 months ago

Welcome

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Anonymous

Replied 5 months ago

Can the building owners association refuse to issue me NOC letter because I have not had the Will probated? The other flat, the society issued a NOC without me having to probate the Will.

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Shreyash Mohta

Experience: 1 Year(s)

Replied 5 months ago

They have a right to not give NOC
a NOC is a matter of choice and not force.
So if they feel like not giving one subject to certain conditions then they might as well not give NOC because they feel that the probate of the will is required. It is immaterial that others have given NOC so even they should give NOC.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Yes it is compulsory to you

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Anonymous

Replied 5 months ago

Under Section 213 (2) of the Indian Succession Act, 1925 (Amendment Act, (wef 27.05.2002) amended by the State Government, governing the law of inheritance to Christians says that the provisions of probate of the Will shall not apply in the case of Wills made by Muhammads or Indian Christians.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) it is always better to get the will probate to avoid any future legal complications.
get it done......

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Anonymous

Replied 5 months ago

Under Section 213 (2) of the Indian Succession Act, 2002 (we'd 27.05.2002) amendment by the State Government governing the law of inheritance to Christians says that the provisions of probate of the Will shall not apply in the case of Wills made by Muhammads or Indian Christians.

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Chhavi Soneja

Experience: 7 Year(s)

Responded 5 months ago

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A. ) Yes it is important to apply for probation of will so that further anybody can not challenge that will.

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Anonymous

Replied 5 months ago

Under Section 213 (2) of the Indian Succession Act, 1925 (Amendment Act, 2002 (w e f 27.05.2002) amended by the State Government, governing the law of inheritance to Christians, says that the provisions of Probate of the Will shall not apply in the case of Wills made by Muhammad's or Indian Christians.

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