What is probate in the context of will?
GANESH
(Querist) 25 August 2012
This query is : Resolved
what is Probate in the Context of Will?
A V Vishal
(Expert) 25 August 2012
Section 213 (1) of the Indian Succession Act, 1925, inter alia states that a legatee’s (a person who inherits under a will) right to property bequeathed in a will cannot be established in a court, unless a court of competent jurisdiction in India has granted a probate of the will under which the right is claimed or letters of administration with the will annexed thereto have been obtained. Grant of a probate establishes conclusively the legal character of the person to whom it was granted. It also conclusively decides that the will was genuine and validly executed and that the testator has the testamentary capacity to execute the will (was of sound mind and was not forced to make the will). Therefore, obtaining a probate or, if required, letters of administration is the only way by which you would be able to establish your right under a will.
GANESH
(Querist) 25 August 2012
Thanks Vishal,
Further, What is the procedure by which probate is granted to a Will.
Devajyoti Barman
(Expert) 26 August 2012
Consult a local lawyer, he will make you understand the whole procedure.
GANESH
(Querist) 26 August 2012
Thanks Mr.Barman,
Your answer is inappropriate.
I wanted to get a picture or a light thrown on the Concept.
Guest
(Expert) 26 August 2012
Dear Ganesh,
Probate is the officially verified copy of a will together with the certificate of its having been proved, which is delivered to the executor. So, a will becomes a conclusive proof of entitlement of a person in favour of whom the will is written and by whom it has been written.
Thus, probate is a sort of final judgment, order or decree of a Competent Court, which confers upon or to take away from any person any legal character, or which declares any person to be entitled to any such character, or to be absolutely entitled to any specific property, etc.
Such judgment, order or decree is conclusive proof -
That any legal character to which it declares and such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;
That any legal character to which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had cased or should cease.
And that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.
I hope you would have understood the concept of probate of will now.
