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Q.Probation of Will
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Q. Probation of Will

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Anonymous

posted 1 month ago

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

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 1 month 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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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month 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 1 month 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 1 month ago

Thank you for your help.

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Shreyash Mohta

Experience: 1 Year(s)

Replied 1 month ago

Welcome

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Anonymous

Replied 1 month 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 1 month 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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A. Yes it is compulsory to you

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month 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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A. it is always better to get the will probate to avoid any future legal complications.
get it done......

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month 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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A. Yes it is important to apply for probation of will so that further anybody can not challenge that will.

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Chhavi Soneja

Experience: 7 Year(s)

Responded 1 month ago

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Anonymous

Replied 1 month 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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