time limit of probation of will????????

As provided in section 57 of Indian Succession Act, Where the parties to the will are Hindus or the properties in dispute are not in territories falling u/s 57(a) and (b) sub-sec (2) of sec. 213 of the applies and sub-sec (1) has no application. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories.

The Wills made by Hindu are differently classified qua the property situated within the territories which were subject to the control of the Lieutenant-Governor of Bengal or within the local limits of the ordinary Civil juridiction of the High Courts at Judicature of Madras and Bombay. Qua all other Wills made by Hindus, a separate clause is provided under cl. (c) of the sec 57 of the Indian Succession Act.

Thus in view of the aforesaid legal position for a will executed by a Hindu qua the immovable property situated outside the territory of the original Civil Jurisdiction of Highcourt of Bombay and Madras, the Probate is not compulsory for establishing rights.

No time limit is prescribed in law for obtaining the probate of the Will

Mr. Darshan

Will it not be covered under point 106 of Schedule given under Limitation Act, 1963, which provides a period of 12 years.

Further I think section 57(b) covers the wills relating to immovable properties and this clause is not restricted to any territory. Hence in my opinion, if a will pertains to the immovable property, then the probate is necessary, wherever the property may situate.

Contrary views of members are welcome.

Regards,

Rajeev