Anjali (BSc MA) 18 December 2009

UK Probate usable for Indian property

Hi, some advice from lawyers in India with experience we don't have here in the UK.

1) I wanted to know if a Grant of Probate issued by the UK Probate office for an Indian property can be effected, so that the transfer of property is done according to the UK will.

If so, what would be the procedure, and is it straightforward. I am not keen on anything that requires long-winded court cases, obviously.

2) If a UK probate is not acceptable, where can I find this information to confirm and show the necessary parties?

3) Does a separate Indian Will need to be made to get succession certificate? Is it common for people to have a will for each different country/jurisdiction?

Many thanks

Anjali

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4 Replies

Anil Agrawal (Retired) 22 December 2009

How can UK court probate a will for a property in India? It is like convicting an accused in India in UK court.

Anjali (BSc MA) 23 December 2009

Hi,

I know it sounds weird, but I ask the question because a situation has arisen.

Also, the UK probate office does indeed provide sealed grants of probate for International assets as long as the foreign jurisdiction asks/accepts these grants. Clearly the service is being provided because the grants are accepted somewhere in the world. I am asking if India is one of those places. And if indeed property is such an asset.

Thanks for the comparison example.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 December 2009

Anjali,

An application for a Succession Certificate has to be made to the District Judge. A petition signed and verified has to be filed by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 for the signing ande verification of a plaint. The application should contain the following particulars:

1. The time of the death of the deceased. 2. The ordinary residence of the deceased at the time of his death and if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits, 3.The family or other near relatives of the deceased and their respective residences, 4. The right in which the petitioner claims, 5. The absence of any impediment under Section 370 or under any other provision of this Act or any other enactment to the grant of the Certificate or to the validity thereof if it were granted; and 6. The debts and securities in respect of which the certificate is applied for.