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probate of a will in India refers to a copy of the will that has been certified under the seal of a court with jurisdiction and a 'grant of administration' for the testator's estate. Legally speaking, the probate of a will is the procedure by which the court formally recognises a will made by a testator who has passed away.Probate, in its simplest form, is the process by which the appropriate authority or court certifies that a will can be transmitted to a beneficiary of the Will. It provides unambiguous proof of the testator's testamentary capacity as well as the authenticity and proper execution of the will.
(1) The Probate of will procedure is beneficial to those who want to broadcast the distribution of the will.
(2) It supports to protect small estates.
(3) It can be utilised as a tool to challenge a creditor's claim in a court of law if you think that it has falsely made a claim.
(4) It provides direction to cases where there is no will in place so that the right beneficiary acquires the testator's inheritance.
(5) Probate offers the court the chance to handle a disputed will.
(6) Within 90 days, the Probate contributes you the chance to close out all creditors to the estate.
Probate of a Will founds the authenticity of a will after the death of the testator and displays the executors and legal heirs to the contented of the will
(1) The first step involves making of application to the District Judge through a probate petition which must be duly signed and verified by or on behalf of the applicant. The probate petition should be in a prescribed format under Code of Civil Procedure, 1908 and it shall be done after 7 days of testator’s death.
(2) The second step is to send the application to the High Court, under whose jurisdiction property falls. Then a lawyer shall prepare the application, in some cases lower court can also accept the application.
(3) One needs to submit certain documents that can verify the genuineness of the will, death certificate and other documents. These will prove that the testator had free will.
(4) When the court receives the application, it verifies all the details. Then it invites the nearest kin of the deceased for claiming the probate. Finally, it showcases the invitation letter at prominent places for invitation of any objection. If after 30 days, the court files no objection, the issuance of the probate is complete.
(1) The will probate sample must be drawn in favour of the applicants or applicant, by the testator of a will.
(2) Will should be registered, and subject to probate should not be revoked by the testator.
(3) The death certificate of the testator must be obtained by the applicant.
(4) Court fees duly paid in accordance with the Court Fees Act.
(5) The appropriate jurisdiction to file the application for probate of will shall be identified.
(1) What is the Probate of Will?
(2) Why is the probate of will necessary?
(3) What assets are subject to probate?
(4) Who is an executor of a will?
(5) Who can apply for probate when there is no executor mentioned in a will
