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Showing posts from August 4, 2012

Is it necessary to obtain Probate of a Will ?

The position of Law in respect of Probate of Wills / Letters of Administration Whereas, there was lot of confusion in my mind, as to whether it is necessary to obtain Probate of the Will / Letters of Administration, so as to transfer the property acquired by a legatee; and whereas, Managing Committee of Cooperative Hsg Societies (in Mumbai) exercises complete discretion and has a general tendency to ask for Probate of the Will / Letters of Administration, to effect transfer of interest in the Shares of the deceased member, in the name of the beneficiary named in the Will; I thought it, a fit subject to dwell upon and to find out the position of law in this regard, and I have come to the conclusion that Probate of the Will / Letters of Administration is required only in certain circumstances, as indicated in Section 213(1) of the Indian Succession Act, 1925. At the outset, I crave leave to throw light on the law of testamentary succession as contained in India