PROBATE OF A WILL

Section 276 in The Indian Succession Act, 1925  provides for the procedure to obtain Probate

276. Petition for probate.—

The Petition for Probate shall contain the following as given herein as under-

(a) the time of the testator’s death,

(b) that the writing annexed is his last Will and testament,

(c) that it was duly executed,

(d) the amount of assets which are likely to come to the petitioner’s hands, and

(e) when the application is for probate, that the petitioner is the executor named in the Will.

(2) In addition to these particulars, the petition shall further state,—

(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and

(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

Grounds under which can one challenge a  Will?

It also happens that the wishes or intent of the testator has not been drafted in the manner in which it should have been . Objector of a probate will have to show suspicious circumstances in such cases.

Sound mind of the testator while drafting the will is of vital importance

Whether there has been undue influence on the testator to make the will

Whether the testator had the understanding of what was being drafted in making the will also falls within the ambit of suspicious circumstances .

If it appears that a will is forged and fabricated the objector of a probate may file an objection before court and when one does that then the matter is turned into a testamentory suit and progresses like a normal suit.

Any or all legal heirs may object to the grant of probate

No limitation period for filing for a probate of a will

Registration of will not mandatory

Registration of a will is not mandatory but if it is registered it becomes easy to obtain a probate.

The Probate petition is accompanied by requisite court fees

Finally it is the Propounder of a will has to prove due execution of a will when it is challenged and remove all suspicious circumstances involving due execution of will especially in case will is unregistered.

You may visit the website related any query you may have in relation to filing probate petitions or in case you wish to object to grant of a probate

For any queries related to filing a probate petition you may contact at 9873628941

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