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atul (ACB)     01 December 2015

Probate

PROBATE OF WILL & PROCEDURE TO OBTAIN PROBATE

A will without Probate is of no consequence. Must be done immediately after death of the person who conducts Will.
Ever responsible and fair minded individual must resort to a registered Will
Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate differs from succession certificate. A probate is issued by the court, when a person dies testate i.e.having made a will and the executor or beneficiary applies to the court for grant of probate. in case a person has not made a will his legal heirs will have to apply to the court for grant of a succession certificate which will be given as per applicable laws of inheritance. It cannot be grated to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company satisfies the conditions prescribed by the rules made by the State Government.The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper. After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate. A general public notice is also given in a newspaper. The petitioner is thereafter asked to establish the (a) Proof of death of the testator; (b) Proof that the will has been validly executed by the testator (c) Will is the last will and testament of the deceased 
ISSUE OF PROBATE BY THE COURT On the satisfaction that the will in question has been validly executed the court will grant probate to the executor named in the will.

With Warm Regards,
 

 

Lt Col Atul Tyagi retd
M.Sc,MBA,LL.B, LL.M
 
Delhi High Court
 
Advocate- Civil, Arbitration, IPR, Family Law
Standing Counsel- Regd Education Bodies/ Banking Insurance

Mob       :  9540652090, 

e mail    :  ltcolatultyagi100@gmail.com

Fair Legal Consultancy 

Office     :  Chamber No 532, Dist Gautam Budh Nagar Court ( NOIDA)

                 Chamber No 84,   Dist Bulandshahr Court - 203001

                 Residence : 4L 902, AWHO, Gr NOIDA -    201310

 



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