Probate of Will

The probate of a will under Indian law is a legal process through which the will of a deceased person is validated by the court. It is governed by the Indian Succession Act, 1925 and is required when a testator’s will pertains to immovable property in India. The probate ensures that the will is authentic and that the executor named in the will has the legal authority to administer the estate. To obtain probate, an application must be filed in the district court where the deceased resided or where their property is located. The applicant must present the original will, a death certificate, and proof of the relationship to the deceased.

The court issues a notice to all heirs and beneficiaries to check for any objections. If no objections are raised, the court grants probate, officially authorizing the executor to distribute the estate according to the will. The probate serves as conclusive proof of the validity of the will, and any disputes regarding the will’s authenticity or terms are settled during this process.

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