Probate Of Will In India

Procedure For Obtaining Probate

A petition for probate must be filed in court along with the will in question. It should contain the following facts.

1. the time of the testator's death
2. that the writing annexed in his last will and testament
3. that it was duly executed
4. the amount of assets which are likely to come to the petitioner's hands, and
5. the petitioner is the executor named in the will

The application for probate shall be signed and verified by the executor or beneficiary.

The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.

After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.

A general public notice is also given in a newspaper.

The petitioner is thereafter asked to establish the

1. Proof of death of the testator;
2. Proof that the will has been validly executed by the testator
3. Will is the last will and testament of the deceased.

Proof Of Death

Proof of death is usually shown by submission of original death certificate

If a person was killed in an action while serving in armed forces, the official notification may be produced in proof of death of the testator.

Where there is an air crash or sunk ship on the high seas and there is no possibility of survival and a persons body is not recovered the court may take notice of the occurrence and be satisfied regarding the fact of death.

Where a person disappears or is missing, such a person as per law is presumed to have died if he is not heard of for a period of seven years.

Issue Of Probate By The Court

On the satisfaction that the will in question has been validly executed the court will grant probate to the executor named in the will.