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In certain cases, it is necessary to obtain a probate of the will in order to establish your right as a beneficiary of the will. You will have to apply to the court for a probate. It is a certification by the court with respect to the genuineness and validity of execution of the will. Getting a probate does not, however, mean that your title to the property has been established. This is essentially an official evidence of the executor’s right to administer the estate of the deceased. While there is no specific deadline by which you need to obtain the probate, you should avoid long delays.
A probate is compulsory for wills of Hindus, Buddhists, Jains and Sikhs in Chennai and Mumbai or if their property is in Chennai and Mumbai. It is also applicable to Christians outside Kerala and Parsis (who died after 1962) in Kolkata, Chennai and Mumbai. Please confirm with a lawyer if you should get a probate for the will.
Lancy
August 27, 2022
Is a probate necessary if a person dies in Mumbai and there is no dispute and the will is clear
Nyaaya
September 5, 2022
*Necessity of a Probate*:
As per the provisions of Section 57 of the Indian Succession Act, 1925 (“Succession Act”) the provisions of testamentary succession are applicable to the Will if:
(i) Made by Hindu, Buddhist, Sikh or Jain on or after the first day of September, 1870, within the territories which at the date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay or
(ii) Made the Will outside those territories and limits, so far as relates to immovable property situate within those territories or limits.
Further, no right as an executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted Probate of the Will under which the right is claimed. However, this provision applies only to the cases, which are referred above.
Therefore, in the current situation a Probate of Will is compulsorily required as the property is in Mumbai, i.e., under the ordinary civil jurisdiction of the High Court of Bombay.