Anil Agrawal (Retired) 06 December 2009

WILLS/LA/SC

The Bombay High Court is one of the oldest and chartered High Courts in the Country. The Charter of High Court of Bombay was issued on June 26, 1862. This seems to hold good for Kolkata and Chennai. All of them were Presidencies during British Rule.

Presently, in Maharashtra, applications for Probate, Letters of Administration and Succession Certificate have to be filed in Mumbai High Court. In other States, it can be done in the court of District Judge.

There is no valid reason for this system to continue in independent India. Actually, there may be hundreds of such laws and practices which have no place now. The only problem is that Government does not care to listen to us.

Reply Follow

1 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 06 December 2009

You are right. High Courts at Chennai, Mumbai and kolkotta are charterted High Courts.

As far as these high courts are concerned, they exercise original jurisdiction in respect of DISTRICT in withich they situate. Not for the entire state. Thus in respect of Mumbai District, Chennai District, Kolkotta District, High Court Original side functions as the District Court and exercise testamentaty jurisdiction as well. Hence, Applications for Probate, letters of Administration and Succession Certificate are filed before ORIGINAL SIDE OF HIGH COURT in respect of DISTRICT of MUMBAI only.(Not for entire state). In respect of other districts, the applications are filed before respective District Courts.