Skip to main content

PROBATE OF A WILL

In layman terms, it means a will that is certified by the court of law. It can be used to get the will authenticated by the court of law. 

It cannot be granted to a person of unsound mind or minor or association of person. Although it can be granted to a company which satisfies the rules prescribed in the notification as per the Official Gazette by State government. 

Although it is not mandatory for a person to get the will probated however in some states it is mandated by law like Bombay, Calcutta and Madras. even otherwise it is advisable to get the will certified by the grant of probate in your favor.This is because it has certain benefits attached to it. One such advantage apart from providing legal sanctity to the will is that in a case of probate, the petitioner has to pay a very less court fee as compared to fees paid in the normal suit for declaration.

WHO CAN OBTAIN PROBATE

Under Hindu Succession Act, only persons who are Hindus, Sikhs or Jains have the right to apply for probate of will. The only pre-requisite for filing such a petition is that there shall be a will of the deceased either registered or unregistered.

LIMITATION FOR FILING A PROBATE 

The period of limitation in common parlance means the time within a person has the right to approach the court of law to file his case. As per law stipulated in the succession act, there is no limitation period prescribed for filing a petition for probate. Hence, as per the residuary provision contained in the limitation act, Article 137 prescribes a period of 3 years. Now the important question that arise here is when the said 3 years will commence. As per settled law, the period of this 3 years limitation will commence not from the date of the death of the deceased but from the time dispute has risen regarding the sanctity of the said will, it can be beyond the period of 3 years from the date of the death of the deceased.

CONTENTS OF THE PETITION 

  • It shall in clear terms state the time and place of the death of the deceased.
  • Original copy of the will needs to be attached with the copy of the petition.
  • In case the will is registered, then the exact details of the office where the same is registered needs to be specified.
  • All the beneficiaries shall be made party.

I hope I have made myself clear regarding the topic discussed above. For any queries, feel free to write in the comments section. 

Labels:

Comments

Post a Comment

Popular posts from this blog

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...
1 comment
Read more

BENGALURU CONSUMER COURT IMPOSES PENALTY ON FLIPKART

RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY. BRIEF FACTS An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement. Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer. With no resolution, the consumer was left with no other option bu...
Post a Comment
Read more

KERALA HIGH COURT BARS ENTRY OF 10 YEAR GIRL FROM ENTERING SABARIMALA TEMPLE

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...
Post a Comment
Read more