Probate of Will
Querist :
Anonymous
(Querist) 16 November 2010
This query is : Resolved
Mr. S. Subramanian .on several occasions has stated that now Probate of the Will of a deceased Hindu is optional & not compulsory. Can anyone & Mr. S. Subramanian in particular,enlighten me on the provision/amendment/judgment by which it has been made so?
Devajyoti Barman
(Expert) 16 November 2010
In most of the States including West Bengal taking probate of the Will is compulsory.
aman kumar
(Expert) 16 November 2010
probate of the Will is compulsory.
R.Ramachandran
(Expert) 16 November 2010
I am very sorry to point out that the answers of the experts are not at all addressing the query raised by Anonymous.
Anonymous wants to know the exact provision / amendment / judgment (if any) according to which the Probate of will is optional and not compulsory. [According to Mr. Anonymous, Mr. S.Subramanian has stated so on several occasions in reply to queries in LCI.]
If we ponder, it will be clear that the above two answers are not addressing the issue.
pawan sharma
(Expert) 16 November 2010
Dear Ramachandran ,
Auther also ask to you for the provision /amendment/judgment, write the citation .
R.Ramachandran
(Expert) 16 November 2010
Dear Mr. Pawan,
Thanks for your comments.
Please tell me clearly as to what you want to say. I am not able to follow. Do you mean to say that instead of giving the provision/amendment/judgment/citation I have only posted my comment by the answers given by earlier experts and NOT GIVEN MY COMMENTS / Views?
Please note that since I do not know the answer to the query posed, I did not either answer the query or give an answer which is not relevant to the query.
Am I makig myself clear to you.
If you have anything further to point out to me you are most welcome.
Parthasarathi Loganathan
(Expert) 16 November 2010
Hope Mr.Subramaniam Sir will come in and address to this specific query.
A V Vishal
(Expert) 16 November 2010
According to Section 2 of the Indian Succession Act, 1925, Probate means "the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator". It is nothing but a decree passed by a competent court declaring the legality/correctness and genuineness of the Will of the deceased.Under Section 219 of the Indian Succession Act, 1925, if the deceased has died intestate and was not a person belonging to any of the classes referred to in Section 218 (i.e, Hindu, Mohammedan, Buddhist, Sikh or Jaina or an exempted person), those who are connected with him either by marriage or by consanguinity are entitled to obtain Letters of Administration of his estate and effects in the order and according to the rules framed in this section.
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
However, A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.
Advocate. Arunagiri
(Expert) 16 November 2010
Mr.Subramanian, Mr.Subramanian, Mr.Subramanian .........
Devajyoti Barman
(Expert) 16 November 2010
Mr Ramachandran, I understand that I made my reply to point out that probate of Will is compulsory in most states, cities including West Bengal. I hope your first comment did not mean my reply.
R.Ramachandran
(Expert) 17 November 2010
Dear Mr. Devajyoti,
To be honest with you, in my first comment I meant the replies provided by you as well as Mr. Aman, since they did not answer the query posed by Anonymous.
What you replied was that in most States including in West Bengal obtaining probate was compulsory. But what Mr. Anonymous wanted was the provision / amendment /judgment according to which Mr. Subramanian has been saying that Probate is not compulsory now.
Mr. Subramanian is yet to come back on this.
s.subramanian
(Expert) 17 November 2010
dear Bretheren,
I beg pardon for this belated reply. first of all,I would like to clarify that probating of wills is not compulsory at all under Sec.57 of the Indian Succession Act,if they are executed outside the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. So,if a will is executed in the places abovesaid the need for probating the same will arise. this has been explained very well in the judgment of the Supreme Court of India in Clarence Pais Vs Union of India (AIR 2001 S.C. 1151). A combined readng of Sec.57 and 213 of the Indian Succession Act would show that where the parties to the will are Hindus or the properties are not in territories falling under Sec.57 (a) and (b),Sec.213(2) applies and Sec.213(1) has no application. As a consequence,a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories.
With the amendment brought to the Indian Succession Act,1925 by the Indian Succession(Amendment )Act,2002 Act 26 of 2002 which came into effect on 27.5.2002, the wills executed by Indian Christians have also been taken outside the purview of Sec.213 of the IS Act. Hence there is no need for probating the wills of Muslims and Indian Christians. With regard to Hindus also the need for probate is limited to the areas set otu in Sec.57 of IS Act. Hope I clarified the issue.
thanks
S.Subramanian.
Khaleel Ahmed Mohammed
(Expert) 22 November 2010
