dudely (partner) 29 November 2013

Validity of will where 1 property is in mumbaii

I have a query regarding the validity of a will which was executed in Delhi 10 years ago but bequeaths one property (out of many) in Mumbai. No application for probate was moved since there was a suit for partition filed by one sibling and the other sibling merely submitted the will in the Delhi High Court (where no probate is necessary) about 8 years ago. On final arguments, the lawyer has argued that since the will bequeaths one property in Mumbai, it should have been moved for probate in Mumbai (under section 213 of the Indian Succession Act) and that the statute of limitation has now passed. Therefore the entire will is null and void (although the majority of the properties covered are in Delhi). Is this correct? Can anyone point me to relevant case law where we can still get our rights on the other properties in Delhi under the will and move for probate (even now after 8 years) in Mumbai? Your advice would be much appreciated.

Thanks in advance!

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2 Replies

V. S. PANDITT (Partner) 29 November 2013

As per law if properties under will are situated in more than one STATE, the jurisdiction for probate on a WILL rests with HIGH COURT of any one high court in which properties are situated. If properties situated in one State then jurisdiction is of DISTRICT JUDGE.

Vinay Kumar

dudely (partner) 02 December 2013

Thanks, Mr. Kumar. The matter is before the Delhi High Court. However, no application for probate was moved since probate is not necessary in Delhi. However, the other side has argued that probate is compulsory since one property is in Mumbai. Can the Delhi court certify the will with respect to all properties except the Mumbai one?