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What is probate of a will? Is it mandatory for all Wills?

Submitted by muthoot360 on

Probate is a legal certificate issued by the Court after the validity of the Final Will is proved. An executor nominated under the will can apply for probate. When the court grants the probate or certifies the Will, the executor would be entitled to take necessary steps to enforce the Will. Probate is not always necessary, however when there are many immovable properties or assets are of high value, the probate is insisted before the title of owner is changed to avoid any disputes in future

What are special provisions in case of Will by Muslims?

Submitted by muthoot360 on

Muslims are mainly governed by their personal laws in respect to will and inheritance, and only certain part of general succession law in India, known as Indian Succession applies to them. As a general rule, Muslims can make a Will of only 1/3rd of his/her properties and the remaining properties are distributed in tested succession as per the Sheriat Act.

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