Unregistered mother's will

seems u need to take advice from Kumar doab then continue with his advice tks,

Online discussions have its own limitations.

A very able counsel of unshakable repute and integrity specializing in such/succession/civil matters and that has examined all docs on record and inputs in person can advise you the best.  

Entrust the matter to your own counsels /law firm.

 

Dear Kumar Doab,

Based on section 270 and 283 as stated below, it seems I can apply to Lucknow district court for obtaining probate. 

Section 213 of Indian Succession Act, 1925 - Says

Law regulating succession to deceased person's immoveable and moveable property, respectively. -(1) Succession to the immoveable property in 3*[India] of a person deceased shall be regulated by the law of 3*[India], wherever such person may have had his domicile at the time of his death. 

264. Jurisdiction of District Judge in granting and revoking probates, etc.-(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay, 1* shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. 

270. When probate or administration may be granted by District Judge.-Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge. 

283. Powers of District Judge.-(1) In all cases the District Judge or District Delegate may, if he thinks proper,--

(a) examine the petitioner in person, upon oath;

 (b) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be;

(c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration.

(2) The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct.

(3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation.

You have not replied to:

"1st of all why are you jumping to Probate of the WILL."  

 

The property bequeathed under the will mentioned by you is situated at Pune.

It is felt that Pune is not within the ordinary original civil jurisdiction of the Bombay high court. Therefore it may not be necessary for you to obtain a probate of the will mentioned by you.

As already suggested: A very able counsel of unshakable repute and integrity specializing in such/succession/civil matters and that has examined all docs on record and inputs in person can advise you the best.   Entrust the matter to your own counsels /law firm. 

 

What is need to discuss: Pecuniary Jurisdiction and Territorial Jurisdiction

The District Court, Principle Court, High Court have concurrent jurisdiction.

The pecuniary limit of the District Court is decided by the High Court.

1st try by submitting the certified copy of WILL, death certificate (s), Legal heir certificate(s) to O/o Authority e.g; MC, under whose jurisdiction property(ies) falls and complete the process of Testate Succession.  

The procedure must be on website and in O/o Authority and requisite forms containing complete process and procedure, can be obtained from O/o Authority.  

The O/o Authority may ask to submit NOC from all legal heirs and/or release advt in newspapers inviting objections, if any OR write by itself to legal heirs inviting to submit objections, if any, in fixed time.

If NO objection is received in fixed time, O/o Authority may transfer property in the name of beneficiary.  

 If objection is raised O/o Authority may ask for Probate of the WILL.