Does will has no value without probate?

Dear Client,

It is important to note that a Will that has not been probated doesn’t lose its legal validity immediately. According to Section 213 of the Indian Succession Act, 1925, probating the Will is compulsory only in cases concerning Wills executed by Hindus and for properties located in jurisdictions such as Mumbai, Kolkata and Chennai. On the other hand, in other places, probate is generally not mandatory, although, it is wise to apply for a probate to prove the authenticity of the Will and to avoid complications in property transfer. Expenses related to probate vary in different states as it is usually charged as an ad valorem tax on the total value of the estate and is also subject to limits as per law and also depends upon the fee charged by attorney for his services in this matter.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

A will has a definite value even without a probate. 

However, to put the will into execution, a probate is essentially required so as to prove the genuineness and authenticity of the will. 

 

For further details feel free to connect. 

There is no other Alternative to Probate if you live in Mumbai or Kolkata. Its mandatory and you need to file it.

DEAR SIR, Probate is mandatory: In Mumbai, Chennai, and Kolkata, under Section 213 of the Indian Succession Act, 1925, probate is mandatory for Wills made by Hindus, Buddhists, Sikhs, or Jains when the Will relates to property within these cities. It is also mandatory if the Will is executed by Christians, Parsis, or Jews anywhere in India.