Probate of will
Nitin Sharma
(Querist) 20 April 2012
This query is : Resolved
what is the legal effect of a will which requires no probation under sec 213 of indian succession act, 1925? if some orders has been passed by the court on the basis of such will which demands no probation then can such order be challenged of say such will can be challenged at a later stage in future & if so then what would be the legal effect of transactions made on the basis of such will during the mean time ?please reply
SAINATH DEVALLA
(Expert) 20 April 2012
A probate differs from succession certificate. A probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate. in case a person has not made a will his legal heirs will have to apply to the court for grant of a succession certificate which will be given as per applicable laws of inheritance.
Section 213 in The Indian Succession Act, 1925
213. Right as executor or legatee when established.-
(1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 3[ India] has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed
ajay sethi
(Expert) 20 April 2012
court must have passed order after being satisfied about genuine ness of will . an appeal can always be filed against said order .
if order is not challenged th order achieves finality and all transactions made pursuant to court order would be valid
Shonee Kapoor
(Expert) 20 April 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nitin Sharma
(Querist) 21 April 2012
Thanks to all my seniors for giving your most valuable time to my query.
Please guide me on the following
acc to sec 213 r/w sec 57 of INdian succession Act 1925if immovable property is situate outside the specific territory as mentioned in sec 57 & neither the will was executed in the specified territory then probate of will is not mandatory.
Now my ques is that if probate is not mandatory then how the will would be proved in the court or does it mean that court would presume the will to be genuine.
further if probate proceedings are not carried out then whom the court will issue notice to raise any objection & if court do issue any notice and invite anybody to raise objection ,if any ,then what would be the meaning of provisions of sec 213 which states two situations i.e. one where probate is mandatory & other is where probate is not required.
