Probation of will

Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.

A probate for a will is required to be obtained only under circumstances mentioned in Section 213 of Indian Succession Act, 1925. 

Probate is required only under following circumstances :

(i) All wills of Hindus etc made on and after 1 September 1870, within the provinces of Bengal, Bihar, Orissa and Assam and within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay.

(ii) All such wills made outside the territories mentioned in (i) above relating to immovable properties situate within the said territories must also be proved and probate thereof obtained, before any right as executor or legatee can be established.

(iii) Wills other than those in categories (i) and (ii) above made before 1 January 1927, i. e to say, such wills made outside the territories mentioned in (i) above, relating to movable property situate inside or outside the said territories or immovable property situate outside the said territories are not required to be proved or probated [see s 213 (2), infra].

Better meet an advocate for probating the will, if you wish to do so.

Dear Sir

Thanks for your valuable reply. As per your advise will meet a advocate for further course of action.

Regards

S A Raj

Within how many years of the death of the person who made will, the benifiter should probate a registered will