2 Answers
Dear Client,
Based on your legal query, I suggest that even though obtaining a probate is not legally mandatory under the Indian Succession Act,1925 but you should obtain a probate or a letter of administration by yourself as you have received the property through an unregistered will and you may face problem in near future while mutating the property in your name because you do not come under the Class-I Legal Heirs of your uncle and aunty. You should obtain it so that you do not face in issue if any distant relative claims it in future.
Hope this answer helps!
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OLQ LAW FIRM
Dear Client,
Will that is not registered can still be valid in accordance with the provisions of the Registration Act, 1908. Section 213 of the Indian Succession Act, 1925 provides that probate is required for Hindus, only when the Will has been executed or pertains to immovable property located in the original jurisdiction of the High Courts in Mumbai, Kolkata, or Chennai. Unless the property of your uncle is falling in these jurisdictions, testacy will not generally be required. It is still recommended to obtain a probate or a decision from the civil court, since these provide definitive proof of the validity of the Will as well as prevent disputes regarding the title later on.I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you