Probate.

V.V.RAMDAS (Querist) 25 October 2009 This query is : Resolved
Hi friends,

As per section 57 and 213 of Indian Succession Act, the areas which are comming under the jurisdiction of Bombay Hicourt and Madras high court in British India, a WILL need not to be Probated or probate is not required for immovable property. But my query is if the deceased left some amount in the bank as fixed deposit- in the circumstances whether a will is to Probated or it is exumpted ?

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A V Vishal (Expert) 25 October 2009
We are in free India and britishers left India 62 years back, can you please clarify specifically about your query.

Further under the act there are certain exceptions to s 213, kindly go through them

adv. rajeev ( rajoo ) (Expert) 26 October 2009
Vishal has answered nicely.
SEc 213 (2) of Indian Succession Act:
No probate i necessary of wills falling under cl(c)of sec.57.
In this section 9 exceptions are given when probate not necessary.

Sachin Bhatia (Expert) 26 October 2009
agree with the above opinions

Raj Kumar Makkad (Expert) 26 October 2009
Fixed deposit is also exceptional under section 57.

V.V.RAMDAS (Querist) 30 October 2009
Thanks to Mr. raj kumar makkad, realy you have deeply entered into the problem.

Dear Visahal, Please go through the section 57 of Indian Succession Act and there after try to comment on the problem.

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