Is probating a will mandatory in India?
Asked by: Mary Windler | Last update: December 4, 2025Score: 4.4/5 (37 votes)
Probate and Succession Laws In India, probate is not mandatory for all wills. The requirement for obtaining probate depends on the jurisdiction and the nature of the assets involved. Some states may exempt certain types of properties or smaller estates from the probate requirement.
What happens if a will is not probated in India?
A cumulative reading of Sections 57, 213 and 264 of the Indian Succession Act, 1925 would show: (i) that a person claiming to be an executor or legatee under a Will cannot rely upon the Will, in any proceeding before a Court of justice, unless he has obtained probate (if an executor has been appointed) or letters of ...
Is it mandatory to probate a registered will in India?
A probate is a copy of the Will that has been certified through a legal process. This is a post-demise process that involves determining the authenticity of the Will in a court of law. Probate is not mandatory for all Wills. It becomes compulsory in a few situations, some of which are detailed later in this article.
Can property be transferred without probate in India?
Immovable properties cannot be transferred based solely on a Will without obtaining probate. The executor''''s authority to transfer property is contingent upon the grant of probate [Mohamed Salman Noorani VS Radhika Bhargava - Bombay][Nagubai Ammal VS B. Snama Rao - Supreme Court].
How can I avoid probate in India?
How to Avoid Probate? There are a few ways to avoid probate in India: Hold assets in joint tenancy with right of survivorship: This means that when one joint tenant dies, the surviving joint tenant automatically becomes the owner of the asset.
Is it mandatory to get will probated?- Property hotline
Is there a time limit to probate a Will in India?
Accordingly, the Court held that the only consistent view was that the right to apply for a probate was a continuing right and the application must be made within three years of the time when the right to apply accrued.
Which of the following is a commonly used way to avoid probate?
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee. When the trust owner dies, the trustee will divide the assets outside of probate.
Is an executor necessary for a Will in India?
It is not mandatory to name an executor in the will.
What is the time limit for property transfer after death in India?
What is the time limit for property transfer after death? According to the Limitation Act of 1963, legal heirs must file a claim for the property within 90 days of the father's death. However, while the claim must be made within 90 days, the settlement and property transfer can extend for long, taking several months.
Can a Will be challenged after probate in India?
Ans4. Yes, a will can be challenged even after probate is granted, but the process becomes more complex. The person contesting the will must present compelling evidence to invalidate the probate and demonstrate the existence of legal grounds for their claim.
What is the cost of probate of will in India?
All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1. 50 lakh depending upon the advocate and complications involved in your probate work.
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
Does a notarized will need to be probated?
A notarized will does not need to be probated. WHY PROBATE A WILL THAT IS NOT NOTARIZED? When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court.
Is probate necessary in India?
(a) For Wills executed by Hindus within the jurisdiction of the High Courts of Bombay, Madras, or Calcutta. (b) For Wills executed by Hindus outside these jurisdictions if the Will pertains to immovable property located within these three regions. In all other cases, obtaining probate is not mandatory.
Why is a will not probated?
Some estates manage to avoid probate. That may be the case if the person left nothing of value. Probate may be unnecessary when all items of value are put into a revocable living trust.
What happens to bank account when someone dies without a will in India?
In case someone dies, and there's no named beneficiary, POD (payable-on-death), a will, or any legal heir or relatives that will be found, then any assets in that account are going to be turned over to the bank by default.
How long do you have to file probate after death in India?
The Supreme Court has in various cases held that there is a time limit of 3 years to apply for a probate (court process to declare the validity of a will) of a will from the date legal heirs face an issue in executing the document or the will is disputed.
Who inherits property if there is no will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
What happens if property is not transferred after death in India?
Under Section 30 of the Indian Succession Act, if someone dies intestate, the court may issue a notice to invite claims over the property left behind after the death certificate is issued. In such a situation, each heir receives a portion of the property, or they can decide themselves amicably on the distribution.
What if a will is not probated in India?
Ans:-If the Will which is required to be probated, under the Act, if not probated, has no legal sanctity and binding force. Q5. What is the time frame within which a Will is to be Probated? Ans:- There is no limitation for grant of letters of administration or probate.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
Are funeral wishes in a will legally binding in India?
The funeral wishes in your Will are not legally binding. Your executor is not required to follow them. Do not clutter your Will with directions for your funeral and remains. Your Will has to take a journey.
Why do people want to avoid probate?
If the will is contested, litigation costs can be insurmountable. By avoiding probate, you can also keep someone from contesting your wishes altogether. Finally, one of the biggest reasons individuals avoid probate is because they want their financial affairs kept private.
Which of the following assets do not go through probate?
Additional assets that don't need to go through probate include: Retirement accounts, like IRA's and 401(k), that have a named beneficiary(ies) Any property held in a living trust.
How long do you have to transfer property after death?
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.