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Q 1 |
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What is meant by Probate of a
Will?
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Ans |
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According to Section 2 of the Indian
Succession Act, 1925, Probate means "the copy of a Will
certified under the seal of a court of competent jurisdiction
with a grant of administration of the estate of the
testator". It is
nothing but a decree passed by a competent court declaring the
legality/correctness and genuineness of the Will of the
deceased
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Q 2 |
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Is
it necessary to Probate a Will?
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Ans |
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Under Section 219 of the Indian
Succession Act, 1925, if the deceased has died intestate and
was not a person belonging to any of the classes referred to
in Section 218 (i.e, Hindu, Mohammedan, Buddhist, Sikh or
Jaina or an exempted person), those who are connected with him
either by marriage or by consanguinity are entitled to obtain
Letters of Administration of his estate and effects in the
order and according to the rules framed in this section.
Under Section 212(2) of the Indian Succession Act, 1925,
Hindus, Muslims, etc. are not bound to apply for letters of
administration (Probate). It is optional and not
mandatory for these persons to seek probate of the
Will.
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Q 3 |
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What
are the advantages of a Probated Will?
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Ans |
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Probate of a Wisll when granted,
establishes the genuineness of Will from the death of the
testator and renders valid all intermediate acts of the
Executor as such.
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Q 4 |
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What
will be the legal consequences if the Will is not
Probated? |
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Ans |
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If the Will which is required to be
probated, under the Act, if not probated, has no legal
sanctity and binding force.
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Q 5 |
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What is the time frame within which a
Will is to be Probated?
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Ans |
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There is no limitation for grant of
letters of administration or probate. Where the estate is in
the possession of administrator there is no question of the
Probate Court delivering the possession to him but the
probate will be decisive only with regard to the genuineness
of the Will propounded and the right of the executor to
represent the estate.
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Q 6 |
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Which is
the appropriate Court to file the suit for
the Probate of a Will? |
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Ans |
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Principal Court of Original
Jurisdiction as per the local City Civil Court Act. The High Court also
enjoys concurrent jurisdiction to grant probate of the
Will. |
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Q 7 |
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Who can apply for the Probate of a
Will?
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Ans |
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According to Section 222 of the Indian
Succession Act, 1926, Probate shall be granted only to an
Executor appointed by the Will. The appointment may be
expressed or by necessary implication. In the absence of the
Executor being named in the Will, the Legatees or the
Beneficiaries under the Will could also seek probate of the
Will. |
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Q 8 |
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What are
the documents to be submitted for obtaining the
Probate? |
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Ans |
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(a)Original Will of the deceased.
(b)
Title Deeds pertaining to the immovable property
mentioned in the Will, if any.
(c)Documents pertaining to the movables, mentioned in the
Will, if any. |
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Q 9 |
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What is
the fee payable for a Probate? |
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Ans |
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Karnataka Court Fees and Suits
Valuation Act, 1958, has several parameters for levy of court
fees on probate application and the same is exhaustive.
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Q 10 |
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What
is the procedure for obtaining a Probate? |
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Ans |
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A petition has to be filed before the
Principal Court of Original Jurisdiction or before the Hon'ble
High Court under Section 374 of the Indian Succession
Act. The Court in
question will issue the court notices at the initial stage and
a paper publication will be caused besides a Gazette
publication as well.
In case such a petition is contested, it will be
converted into a regular suit and upon contest the same will
be disposed off, by delivering the judgment and decree, in
accordance with
law.
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