Mohit Choudhary
Asked February 27, 2017

Jurisdictional issue

  • 3 Answers
  • 351 Views

I am based in Bombay. I am nominated as beneficiary in a will executed by my sister who resided in Kolkata & died in Kolkata. Kindly let me know if I can file probate proceedings in Bombay high court, unlike Calcutta high court provision where a will can be probated for assets and property anywhere in India.

Answers 3

Hello Mohit,

First of all benefiaciary can not file probate proceedings. Is there any executor appointed for execution of the Will? if not you may apply for letters of administraton. 

Probate /letters of administration can be applied in two jurisdictions:- 

a) fixed place of abode of deceased

b) any one property situated

 

Regards

Adv Amruta

Agree Comment 0 Agrees over 4 years ago

The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment.

 

According to the Indian Succession Act, 1925, such transferring of a probate is not allowed because the registration of estate and the will can be done only under the jurisdiction of the court where the estate is physically located. Thus, I believe that you cannot transfer the probate to Mumbai HC from Calcutta HC.

Agree Comment 0 Agrees over 4 years ago

The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment.

 

According to the Indian Succession Act, 1925, such transferring of a probate is not allowed because the registration of estate and the will can be done only under the jurisdiction of the court where the estate is physically located. Thus, I believe that you cannot transfer the probate to Mumbai HC from Calcutta HC.

 

Agree Comment 0 Agrees over 4 years ago

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