Dear User,
Thank you for your query! I am Aadil and I will try to answer your question.
The legislation that governs the creation and execution of wills in India is the Indian Succession Act of 1925. A will can be created by any person who is of sound mind and not intoxicated at the time of creation of said will. Even a deaf, dumb, or blind person may create a will provided they are aware of the consequences of their action. Even a generally insane person may create a will at a time when he is not insane and can understand the consequences of his action.
Nowhere in the Indian Succession Act of 1925 can any mention of the jurisdiction of a will can be found as such jurisdiction does not exist. A probate of a will is the certified copy of a will issued by a court after it has verified the will to be genuine. As per Indian Succession Act, the Court at the area of residence of the testator shall have the jurisdiction to grant the certificate or probate of the will. If the testator did not have a fixed place of residence, the Court where any of the properties of the deceased is found shall have the jurisdiction for the same.
Therefore, a will can be registered preferably at the area of residence of the testator, or if such a permanent area of residence does not exist, at the area where the testator has properties.
I hope this helps. Thank you for your time and patience!
Regards,
Aadil
