Probate

HONEY AHUJA (Querist) 14 January 2012 This query is : Resolved
Mr. A's son died leaving behind Rs. 50 Lac Kisan Vikas Patra in Punjab. Mr. A's is living in Haryana. Kisan Vikas Patra are in Punjab. Can Mr. A apply for probate in Haryana to save Probate duty?

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ajay sethi (Expert) 14 January 2012
did mr A son leave behind any will . ?

you will have to apply for probate in punjab

ajay sethi (Expert) 14 January 2012
if your son had made a nomination on kiasan vikas patra in your name make an application for transfer

Devajyoti Barman (Expert) 14 January 2012
Probate is required when the testator leaves behind a Will.
Now in your case if A's son has left any Will then only Probate is required.
Else, Succession Certificate needs to be obtained .
Succession Certificate can be applied for either in the place where the money or security is lying or where the person has died.
So in your case SC can be applied in Punjab.

Raj Kumar Makkad (Expert) 14 January 2012
Succession certificate should be obtained in your case from the courts of Punjab as the stamp rebate shall not be available.

Rajeev Kumar (Expert) 14 January 2012
Sucession certificate is required from court

Sushil Sharma (Expert) 14 January 2012
agreed wit the views of last 2 views

prabhakar singh (Expert) 15 January 2012
If A's son has died then his legal heirs are
his mother ,widow,and sons and daughter and if none of these are there then his father A.

Unless son of A has left any will appointing an executor no probate is needed.In absence of will a succession certificate has to be applied for at the place A's son ordinarily resided before his death and to prove that death certificate and address certificate may be required by the court.