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ckanta (xyz)     23 June 2024

Probate /succession based on the photocopy of unregistered will

Dear Lawyers, We have filed the succession of the movable property of my sister movable estate  based on the photocopy of the unregistered will as the original is lost  and unable to found and already made publication for the same and filed lost complaint of the will to the concerned Police station.  Objector is my brother and taken the objection in the court that no original will/ no registered will so no probate can be granted. However the witnesses to that will is ready and they have given affidavit about the geniuness of that will and ready for cross examination and deposition in the court. Any judgement of delhi high court or supreme court which helped me to argue that probate is possible on photocpy of the will and we can lead secondary evidence in this regard. further  what are the chances that we can succeed as no original wll/ no registred will  and moreover that will is on stamp paper .


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

Will document which was made thirty years ago and is lost but a copy of it is available then such copy of the Will can be put up for probate and any one of the witnesses who is alive and appears before the court and affirms that he has had singed in the original Will and also affirms before the court.

A few judgments may be of some use to you given below:


i) H. Venkatachala Iyengar v. B.N. Thimmajamma & Ors.: 1959 SC 443 (Para-18)
ii) Shashi Kumar Banerjee & Ors. v. Subodh Kumar Banerjee.: AIR 1964 SC 529 (V 51 C 67) (Para-4)
iii) Smt. Indu Bala Bose & Ors. v. Manindra Chandra Bose & Anr.AIR 1982 SC 133 (Paras 7 & 8)
iv) Sm. Chinmoyee Saha v. Debendra Lal & Ors.AIR 1985 Calcutta 349 (Para-6)


ckanta (xyz)     23 June 2024

Dear Sir 30 years old but got executed in 2005. what is the situation

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

You wanted some judgments hence some related links to the relevant citations were given,  you better go through them and understand what can be done in furtherance. 

Dr. J C Vashista (Advocate )     24 June 2024

The Court shall grant probate if it is proved u/s 63 of Indian Succession Act, 1925  r/w Section 68 of Indian Evidence Act, 1872 despite the fact one of the claimant has raised objection.

Judgment(s) has to researched by your lawyer or yourself as the case may be.

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