Property Finances Probate Without A Lawyer
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FAQ
Under Indian law probate of the will is not mandatory. But obtaining the probate of a will is advisable to avoid future complications on the distribution of property. If the will is probate then the legal heir can easily obtain the property ownership.
FOUR WAYS TO AVOID PROBATE GET RID OF ALL OF YOUR PROPERTY. ... USE JOINT OWNERSHIP WITH RIGHTS OF SURVIVORSHIP OR TENANCY BY THE ENTIRETY. ... USE BENEFICIARY DESIGNATIONS. ... USE A ALTER EGO TRUST.
The executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased's legal heirs so that notice can be issued to them.
The probate is granted of the Will annexed, only upon the payment of the requisite Court Fee. In terms of Article 11 of Schedule I of the Act, Court Fee is payable at 4% of the ?value of the immovable property?.
Although a Will is a legal document, there is no legal will format India specified as such. It can be handwritten or if you are wondering how to make a will online without a lawyer then you can type on any document and not just the stamp paper.