1 Answer
Dear Client,
According to the Indian Succession Act of 1925 (Sections 57 and 213), the process of obtaining probate for the Hindu will is a requirement only if will is executed in, or is in reference to immovable property situated in the original civil jurisdiction of the Bombay, Madras, or Calcutta High Courts. Outside these territories, the process of probate does not become a binding statutory requirement for establishing rights. The process of withdrawal of an application for probate is not complicated as one may withdraw the existing application in accordance with Order XXIII Rule 1 of Code of Civil Procedure Act, 1908; however, its practical implications must be considered. Builders and banks often request a probate or NOCs (No Objection Certificates) from other legal heirs to safeguard themselves against later title litigation. If the application is withdrawn without obtaining NOCs from other legal heirs, then the builder can still deny the transfer of the respective property for the sake of his safety from liability. Therefore, it is critical that the process of withdrawing is preceded by adequate understanding of the builders’ requirements and thus negotiating for alternative indemnifications.
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