Probate of Will

The primary legislation governing probate in India is the Indian Succession Act, 1925. Part IX (Sections 213 to 370) deals with probate and letters of administration. Section 213 mandates that no right as executor or legatee can be established in any court of justice unless a court of competent jurisdiction has granted probate of the will under which the right is claimed. This requirement applies to wills made by Hindus, Buddhists, Sikhs, Jains, and other communities in certain territories, including the Presidency towns of Kolkata, Chennai, and Mumbai.

Probate applications are filed in the District Court or High Court (depending on the value of the estate). For estates within the jurisdiction of Presidency towns, the High Court has original jurisdiction. There is no central government website for probate; however, the e-Courts portal (https://ecourts.gov.in) provides case status and cause lists for most district and high courts. The Ministry of Law and Justice (https://lawmin.gov.in) publishes relevant rules and notifications.

The process for obtaining probate involves the following stages:

1. Petition Filing: The executor named in the will files a petition in the appropriate court, along with the original will and supporting documents.
2. Notice to Heirs: The court issues notice to all legal heirs and next of kin, inviting objections.
3. Citation: If the court deems necessary, a citation is published in a newspaper to notify unknown claimants.
4. Evidence: The executor must prove the will's due execution (signature, attestation) and the testator's sound mind.
5. Grant of Probate: If no objections are raised or after hearing objections, the court grants probate, sealing the will and issuing a certificate.

No reported decision was found on this point.

The following forms are typically required:

• Petition for Probate: A formal application containing details of the testator, executor, and estate.
• Affidavit of Execution: Sworn statement by at least one attesting witness confirming the will's execution.
• Death Certificate of the testator.
• Original Will (and a copy for court record).
• Inventory of Estate: List of assets and liabilities of the deceased.
• Valuation Report: For immovable property, a valuation certificate from a registered valuer may be required.

Forms vary by court; check with the respective court's rules.

Any person named as executor in a valid will can apply for probate. The testator must have been of sound mind and not under undue influence. The will must be in writing, signed by the testator, and attested by two or more witnesses. Probate is compulsory for wills made by Hindus, Buddhists, Sikhs, Jains, or other communities in the Presidency towns of Kolkata, Chennai, and Mumbai, and for wills of Parsis and Christians throughout India. For other communities, probate is optional but advisable to avoid disputes.

The duration of probate proceedings depends on court workload, objections, and compliance with procedural steps. The process includes petition filing, notice issuance, citation publication, evidence recording, and final hearing. No specific timeline can be guaranteed as each case is unique.

Court fees for probate are calculated as a percentage of the estate value, subject to state-specific rules. Below is an illustrative table based on the Court Fees Act, 1870 (Schedule I, Article 11) as applicable in many states:

Note: Fees vary by state and court. Consult the applicable state court fees schedule.