Is Probate maintainable in State of Punjab
Swadesh Kumar Gupta
(Querist) 25 April 2011
This query is : Resolved
Dear Experts
We are fighting a probate case in the High Court of Punjab & Haryana High Court, with properties situated in Punjab and Chandigarh.
Now after good ten years some of the lawyers have mentioned that Probate Proceedings are not maintainable in Punjab, and we should go in for a civil suit in the district courts by theway of Indian Succession Act.
Is there any such amendment or ruling which states that the Probate Proceedings are not applicable in the state of Punjab by the way of rulings, rules and or orders or amendments.
Kindly forward me the rulings and citations if any of such a nature.
Thanks & reagards
Parveen Kr. Aggarwal
(Expert) 25 April 2011
AIR 1962 Punjab 382 - No probate is necessary in order to set up a claim regarding property either moveable or immoveable on the basis of a will executed in the State of Punjab.
Although probate is not necessary in the state of Punjab but still if a petition for probate has been filed it cannot be said to be not maintainable.
