Civil Procedure Code (CPC)

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S. K. Vaidya (Employee)     13 September 2021

Query

Is probate compulsory in every state of India , if Will is made.



 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 September 2021

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

Advocate Bhartesh goyal (advocate)     13 September 2021

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

Kevin Moses Paul   13 September 2021

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
1 Like

S. K. Vaidya (Employee)     14 September 2021

Thank You for your valuable opinion.

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