Probate is necessary or not

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