Questions Legal

What is the probate of a will in India? Is it compulsory?

Airtract

Kishore Sagar

You always have a choice

The law concerning the succession of the property was made to govern the transfer of ownership to another person after the passing of the owner. A will is an important document declaring the succession of property, and this falls under the Indian Succession Act 1925. Since a will mentions all details regarding the following owner of the property, assets, etc., it will help to resolve a lot of conflicts among the heirs after the death of the property owner.

Probating the Will is the process of verifying the validity and genuineness of the will by undergoing certain investigation and clarification by the authorized court. Once the court issue a probated will, you are safe enough to pursue your following process to transfer the property to the person designated in the will. The probate will grant administration right over the property of the testator. Probate is conferred only to the executor named in the Will. 

Probate is not a compulsory thing to perform but for some exceptional cases as in,

  1. Wills which are written in the expanses of Orissa, Assam, Bengal, and Bihar and inside the geographical limits of the conventional original civil jurisdiction of Bombay and Madras High Courts.

  2. Will was made at a place outside the mentioned territories, but the property inside those territories still need probate.

  3. As per the Indian Succession Act, a probate is required only if the will was made by Hindu, Buddhist, Sikh or Jain.

For the cases mentioned above, the probate of the will is compulsory. But it is recommended to take probate to ensure no further conflicts occur in the future regarding the succession. The probate of a will helps to avoid legal disputes between the successor and other heirs. If other siblings or relatives submit a fake will demanding the property succession in the future, probate from the court will protect your succession rights. 




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