Caveat India

When is Probate required?

When is Probate required?  is a relevant question and it requires a proper understanding of the subject.

Purpose of filing Probate of will

  • The main purpose of filing a probate petition is to get a certificate from the court that the will is genuine. The Hon’ble Court will got in these 3 factors:
  • Whether the last Will and testament of a deceased person was duly executed and attested in accordance with law.
  • And whether was the testator was of sound mind.

Title of Property is not  part of Probate

The Court will not go into the fact  on title of property or any issue that relates to it. For which you may refer to the Judgment of the Hon’ble Supreme Court :
Kanwarjit Singh Dhillon Vs. Hardayal Singh Dhillon & Others, 2008(1)CTC 80 (SC) : 2007(11)SCC.

“11. In Chramyilal Shrilal Goenka Vs. Jasjit Singh and others, 1993 (2) SCC 507, this Court while upholding the above views and following the earlier decisions of this Court as well as of other High Courts in India observed in Paragraph 15 at page 515 which runs as under:

Probate court will only determine whether will is genuine

The  only issue that is in question in a  Probate proceeding only determines  whether will is genuine and question of  due execution of the Will . The Probate proceedings  are conducted by the  Probate Court in the manner prescribed in the Act. Probate Court does not decide any question of title or even of existence of any property

Documents required for Probate of Will

Along with Probate petition these following documents are required to be filed.

Death certificate of the Testator.
ID proofs of the Witnesses.
Copy of the original will  which will be kept in safe custody in the court

Undue influence in making a will

Section 61 of the Indian Succession Act (Act 39 of 1925) enacts that, “A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.”

What is the difference between Will and Probate?

A will is the last wish and testament of a person . However Probate is filed in court after the death of the person who has made the will to take effect.

Who is the best Lawyer for Probate in Delhi and Kolkata?

Advocate Tapan Choudhury with an extensive practice of over 20 plus years is highly experience in such matters. He is available at 9873628941  to answer your queries on any matter related to Wills and Probate. You may also visit his website at Taps9 Legal Services

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