One major reason for the laws governing succession is to offer effect to the intention of the dead person. The law tries to honor the will of the person made with complete knowledge and freedom. But sometimes Will’s validity can be challenged in the court. In these cases, the probate of a will is necessary for proving Will’s existence as well as the enforceability. Let’s read about the probate of Will in India is it compulsory or not.
Is probate necessary if there is a will?Probate is a legal recognition provided to a Will about its legality and genuineness, declared by a court. I want you to know that all Wills are not required to obtain probate. Though, getting probate has several benefits apart from being a legal requirement in few cases.
For instance, in case there is a dispute among siblings, Will’s authenticity can be challenged by any of the siblings by displaying an alternate Will. In this case, probate puts an end to this by ruling on Will’s fundamental validity. Will are required to be probated by the court in these circumstances:
The Indian Succession Act specifies that probate is needed only for Wills created by Jains, Sikhs, Buddhists, or Hindu. Probate is not needed for Wills created by Muslims.
Wills that are created in the areas of Assam, Orissa, Bihar, and Bengal within the geographical limits of the Madras and Bombay High Courts’ ordinary original civil jurisdiction.
In case the property is located in these territories but Wills are created outside these states, then probate is required.
I hope now you know the answer to your “is probating a will necessary” question.
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Probate of will in India is it compulsory?
Madhav
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2021-09-22T17:43:21+00:00 2021-09-23T19:07:20+00:00Comment
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