1 Answer
Dear Client,
Your understanding is legally correct for Delhi. The requirement for probate in relation to wills written by Hindus, Buddhists, Sikhs, or Jains of immovable property located within the ordinary original civil jurisdiction of the Calcutta, Madras, or Bombay High Court, is mandatory under Section 213 of the Indian Succession Act, 1925. Delhi is not included in the scope of that rule and hence, probate was never really an absolute legal requirement here.
That being said, considering the fact that the application has reached the evidentiary stage, the withdrawal may not be really beneficial either. The probate is conclusive evidence regarding the validity of a will and right of the executor, which is perhaps why it was demanded by the builder despite being optional in this case. Withdrawing now would waste the progress already made and would not resolve the builder's underlying insistence on a probate document for comfort in dealing with the property. Continuing the petition to conclusion, rather than discontinuing it, unless a specific urgent reason exists to withdraw is a better option.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.