Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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kishore kumar   03 July 2022

probate jurisdiction

A property mentioned in will is situated in Bhopal and will holder reside in Ujjain. rest of legal heirs reside in Mumbai and Bangalore.

To get probate, in which city , will holder should go to file probate application?
Thanks.


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 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 July 2022

The executor of the will can file for the probate of the will in the state in which the deceased person was living at the time of death. Thus, the competent court to file probate proceedings is the district court of the city/town where the deceased lived at the time of death.

SHIRISH PAWAR, 7738990900 (Advocate)     03 July 2022

Hello,

As per me, probate beneficiary can file petition in Bhopal where property is situated. 

P. Venu (Advocate)     03 July 2022

Where was the Will executed and registered?

kishore kumar   04 July 2022

will was executed in bhopal,but not registered, two witness was there who signed as witness.

P. Venu (Advocate)     04 July 2022

If so, probate is not mandatory. So also, it is not necessary that  a Will be registered.

N.K.Assumi (Advocate)     05 July 2022

As suggested by Shrish Pawar, for probate you have to file an application before the District Judge where the p[roperty is situated.  

Advocate Bhartesh goyal (advocate)     06 July 2022

The jurisdiction lies to Bhopal where property situates  so file probate petition at Bhopal.

KUNAL   12 July 2022

where the deceased lived in.

kishore kumar   12 July 2022

Thank you very much Respected forum members.

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