To get will probated in rajasthan
Madhu Mittal
(Querist) 23 May 2015
This query is : Open
Respected Sirs,
I have seen Respected sir Makkar opinion at below thread:
http://www.lawyersclubindia.com/experts/Is-it-necessary-to-Get-Probate-of-a-Will-In-Rajasthan--58796.asp#.VI0BDdKUdr0
Yes. It is mandatory in Rajasthan even.
Whereas Respected sir s.subramanian has opined at below thread:
http://www.lawyersclubindia.com/experts/Probate-of-Will-131021.asp#.VIzZetKUdr0
dear Bretheren,
I beg pardon for this belated reply. first of all,I would like to clarify that probating of wills is not compulsory at all under Sec.57 of the Indian Succession Act,if they are executed outside the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. So,if a will is executed in the places abovesaid the need for probating the same will arise. this has been explained very well in the judgment of the Supreme Court of India in Clarence Pais Vs Union of India (AIR 2001 S.C. 1151). A combined readng of Sec.57 and 213 of the Indian Succession Act would show that where the parties to the will are Hindus or the properties are not in territories falling under Sec.57 (a) and (b),Sec.213(2) applies and Sec.213(1) has no application. As a consequence,a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories.
With the amendment brought to the Indian Succession Act,1925 by the Indian Succession(Amendment )Act,2002 Act 26 of 2002 which came into effect on 27.5.2002, the wills executed by Indian Christians have also been taken outside the purview of Sec.213 of the IS Act. Hence there is no need for probating the wills of Muslims and Indian Christians. With regard to Hindus also the need for probate is limited to the areas set otu in Sec.57 of IS Act. Hope I clarified the issue.
thanks
S.Subramanian.
Opinion at below thread by Respected sir Sh Hemant Agrawal :
http://www.lawyersclubindia.com/forum/Registered-Will-is-probate-must-10323.asp#.VVb7Prmqqko
4. The issue of "Probate" is a state law AND in some states, the state govt's have exempted the probation of "will" (eg. rajasthan). However all the "presidency towns" of India, have to compulsorily "probate" the will for execution purposes (eg. Bombay, Delhi, Madras, Calcutta etc...)
So please guide whether it is mandatory or not to get will probated in Rajasthan.
