can the lower court (principal civil judge) issue probate certificate in case of a will for immovable property?
any judgements that can be cited for this?
thanks
biren (NA) 21 August 2010
can the lower court (principal civil judge) issue probate certificate in case of a will for immovable property?
any judgements that can be cited for this?
thanks
N.K.Assumi (Advocate) 21 August 2010
Petition for Probate Certificate should be filed before the principal Court of Original Jurisdiction or before High Court having Original Jurisdiction U/S 374 of Indian Succession Act. The petition for probate should contain; the death of the testator, the testament, the amount of the assets which are likely to come to the petitioners hand and a blank stamp paper of value equal to the requisite court fee.
adv. rajeev ( rajoo ) (practicing advocate) 21 August 2010
u/s 266 of the Indian Succession Act Dist., judge shall have the powers and authority in relation to granting of probate and letters of administration and all matters connected there with, as are by law vested in him in relation to any civil suit or proceeding pending in his court.
adv. rajeev ( rajoo ) (practicing advocate) 21 August 2010
u/s 266 of the Indian Succession Act Dist., judge shall have the powers and authority in relation to granting of probate and letters of administration and all matters connected there with, as are by law vested in him in relation to any civil suit or proceeding pending in his court.
Deekshitulu.V.S.R (B.Sc, B.L) 21 August 2010
Probate is necessary only if the Will is executed in the Metropolitan cities mentioned in the Act. Please go through the Act. Other wise no person can insist for a probate of the Will
R.Ranganathan (Advocate) 02 September 2010
In the Districts District Judges have the power to issue probate. In the Metropolitan cities High Court has the power. In other cities the Principal Judges have power. It depends on the immoveable property where it is situated.