Query

Hello, No probate is not compulsory in every state. Only in metro cities, it is compulsory.

No, Probate of will is compulsory only Kolkatta , Mumbai and Madras .

Basically, there is gross unawareness among the public at large, about the circumstances under which a Will is mandatory.

In accordance the Indian Succession Act, 1925, a probate is mandatory when a Will is made in a place which was under the rule of the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay.
These provisions refer to the places as were known at the time of enactment of the Indian Succession Act, 1925. This rule of probate to be mandatory is applicable, in case the Will is made by a Hindu, Jain, Sikh or Buddhist. Thus, making a probate mandatory if in case the Will is within the geographical limits of these places, even if the Will does not deal with any immovable property.


Regards,
Kevin M. Paul

Thank You for your valuable opinion.