Kolkata | 28 Jun, 2022 (3 months, 1 week ago)

Property Law

WANT TO KNOW REQUIREMENT OF PROBATE MANDATORY

My mother has expired last month .Now we have a flat at Kolkata which is jointly owned by my younger brother & my mother and my sister lives in that flat with her husband . My mother had in her will which is registered , mentioned that after her death her share of the flat be given to my sister . Now can my brother make my sister to vacate the flat and sell the same  . Also is probate mandatory if registered will is there  ,as making probate is a costly affair . Also Can probate be made at a later date as cost is too high . .Lastly  Can my brother sell the flat without my sisters consent, ignoring the will as probate is not there as of now  .pls kindly let know
Answers
03 Jul, 2022 | 15:05

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29 Jun, 2022 | 03:42

Yes probate is necessary even if the Will is registered at the Sub-Registrar office in the city of Kolkata for being able to be executed legally. Thank you.
If you have found the answer helpful than please provide review. Thank you.
Feel free to contact me at desaivaidehi44@gmail.com should you require any further clarifications.
Regards,
Adv Vaidehi Samant


want-to-know-requirement-of-probate-mandatory-7530209

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