Jurisdiction probate of will
Dr.Gaurang N. Gandhi
(Querist) 13 February 2013
This query is : Resolved
Sir
'A' deceased having two immovable properties situated Gujarat and maharastra. He made WILL
and appoint executors for his properties
the question is which court having jurisdiction to entertain probate application either Maharastra court or gujarat court or both?
Rajeev Kumar
(Expert) 13 February 2013
As the property is situated in Maharastra and Gujrat both place. The probate will be done where the Will have been signed and witnessed. It can be both place either in Maharastra or Gujrat or both.
Advocate Bhartesh goyal
(Expert) 13 February 2013
Probate petition may be filed anyone place either in Gujrat or in Maharastra court.Both the courts have jurisdiction to try and decide the probate petition.
Raj Kumar Makkad
(Expert) 13 February 2013
He can file petition at either of the places inserting entire properties covered under that will.
Dr.Gaurang N. Gandhi
(Querist) 15 February 2013
thanks,
Please guide me the legal formalities after receiving probate certificate. Is is mandatory to pay stamp duty for probate certificate? the total value of the property is more than 15 lacs... including one of the property in Mumbai ......
ajay sethi
(Expert) 15 February 2013
court fees would depnd upon valuation of property
