Stamp fee on letter of probate
vinod bansal
(Querist) 07 April 2012
This query is : Resolved
R/Experts
Plz let me know prescribed stamp fee for letter of probate in Haryana and relevent provision in this regard .Regards
Vinod Bansal Adv
Raj Kumar Makkad
(Expert) 07 April 2012
Probate is a legal process in which the court certifies the authenticity of the will. It establishes the legal character of the Executor to implement the Will and to the validity of the Will. Probate can be granted only to the executor appointed by the will. The appointment may be expressed or implied. A Probate is necessary when
Will or Codicil is that of Europeans, East Indians, Armenians, Jews, Indian Christians and Parsis.
Case of Wills or Codicils of Hindus, Buddhists, Sikhs or Jains in Chennai, Kolkata and Mumbai or where they relate to immovable propertyin these places.
Where a debt due to the estate of a Hindu is to be recovered.
A Probate can be granted only after seven clear days from the date of death of the person who has made the Will.
The cost of getting a probate includes legal fees as well as stamp duty on the value of the property being willed. The stamp duty varies from state to state.
How to obtain a probate of a will?
Quoting from Economic Times 9 Jan 2012
A probate is a copy of a will certified by a court of competent jurisdiction. It proves that it is the last and final will of the deceased penned on a particular date. A probate is granted with the court seal and has a copy of the will attached to it. An administrator or executor appointed under the will may not be able to administer its provisions without a probate. It may also be necessary when the deceased leaves behind securities with various nominees and there is a dispute on their division. The nominee can only hold the assets in trust till these are divided as indicated in the will after a probate has been obtained. In the absence of a will or nomination, succession laws come into play.
Application
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
Fees
The court may impose a percentage of assets as a fee to issue a probate. In Maharashtra, for example, a court fee of Rs 25 is payable for assets less than Rs 50,000; 4% for assets between Rs 50,000-2 lakh, and 7.5% for assets over Rs 2 lakh. There is a ceiling of RS 75,000.
Points to note
Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.
If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate.
A probate is a must when the will is for immovable assets in Mumbai, Kolkata or Chennai.
Probate of a Will when granted, establishes the genuineness of Will from the death of the testator and renders valid all intermediate acts of the Executor as such.
What will be the legal consequences if the Will is not Probated?If the Will which is required to be probated, under the Act, if not probated, has no legal sanctity and binding force.
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.
Some references : Q&A on Probate of Will at Department of Stamps and Registration of Karnataka, Probate of will on Helplinelaw
If there is no will or a Will does not name any executor then one needs to get be Letter of Administration
vinod bansal
(Querist) 07 April 2012
Thankyou very much Makkad ji for very useful information,kindly let me know applicable stamp fee for probate in Haryana...Rgds
Nadeem Qureshi
(Expert) 07 April 2012
you can contact a lawyer in your local area
