Probate
Querist :
Anonymous
(Querist) 30 October 2020
This query is : Resolved
I had filled probate petition in Delhi high court. There are respondentNo.1.state and respondents no.2,3,4,5,6,& 7.
I have settled with respondent 2,3 & 4 and 5 6 & 7 do not appear in court and will be procedded exparte.
When I file settlement deed in respect of 2,3 & 4 and make 5,6 & 7 exparte will probate be granted to me or will I have to proof the resgisterd Will.
2.And if I make settlement with all respondents and file settlement deed in court then will I have to proof the Will.
Kindly answer my above 2 questions and which sec and book I can read about this
Rajendra K Goyal
(Expert) 30 October 2020
It is difficult to form an opinion in the given circumstances, case is pending with the court, full case file need to be referred.
Discuss in detail with your lawyer.
Advocate Bhartesh goyal
(Expert) 30 October 2020
In probate case ,will is main and important document and petitioner has to prove will as per law without having been proved will probate can not be granted.
Dr J C Vashista
(Expert) 31 October 2020
Mr./ Ms Anonymous,
Whether probate petition has been admitted in Delhi High Court since it has to be filed and adjudicated by Administrative Civil Judge of your district ? Can you provide details of your case ?
Is there any specific reason for posting your query as "anonymous" author ?
Dr J C Vashista
(Expert) 31 October 2020
Mr./ Ms, Anonymous,
You have filed the petition as party in-person or through some counsel (lawyer) ?
If you have filed through lawyer what is his / her opinion and advise ? Why do you need obligation of experts on this platform on the basis of limited facts without documents wherein the lawyer engaged / paid by you is an able, competent and intelligent enough to satisfy your questions (if any) and well aware about facts and circumstances of your "probate" case stated to have been pending before Delhi High Court ?
P. Venu
(Expert) 31 October 2020
Even if exparte, the petitioner/plaintiff is required to prove his pleading.
K Rajasekharan
(Expert) 01 November 2020
In the State of Delhi, probate of a Will is not compulsory.
Probate of Will is only compulsory in the cities of Bombay, Calcutta and Madras or for properties situated in the cities of Bombay, Madras and Calcutta.
This seems to be a well settled law about which there are many judgments. The courts arrived at this based on the combined reading of Sections 57 and 213 of the Indian Succession Act, 1925.
Dr J C Vashista
(Expert) 01 November 2020
I fully agree with Mr. K Rajsekharan probate of a will is not compulsory anywhere in India except Presidential Towns of Bombay, Madras and Calcutta.
However, when there is any dispute / question mark on the execution of will it has to be adjudicated by Administrative Civil Judge in Delhi (Civil Judge Jr. Div. in States).
