When Probate Is Required as per The Indian Succession Act 1925
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- Also probate means determination of genuineness and due execution of the will .
- Probate does not determine title of the property of the testator .
- Probate does not required in case of Will made by Muhammadans or Indian Christians .
- Probate does not required in case of Will made by Hindu , Buddhist , Sikh or Jain if Property of will is not within territories or Local Limits of the Ordinary Civil Jurisdiction of High Courts of Judicature at Madras and Bombay .
- Probate is required in case of Will made by Hindu , Buddhist , Sikh or Jain Outside the Ordinary Jurisdiction Of above Madras and Bombay High Courts in respect of Properties situate within Original Civil Jurisdiction of those High Courts .
- Probate is required in case of will made by Parsi dying after commencement of amendment of Indian Succession Act 1962 in respect of property situate within Ordinary Original Civil Jurisdiction of the High Courts at Calcutta , Madras and Bombay even it's made within or outside jurisdiction .
- District Court or Where powers of District are delegated to Civil Judge Senior Division have jurisdiction in granting and revoking Probate .(IMP :- please kindly peruse or go through CHAPTER - XIV i. e. 14 of Civil Mannual )
- Petition for Probate shall be verified by at least one of the Witness to the Will.
........ Relevant Provision ............
- - S.2(f) , 57, 213, 264, 276 , 280 , 281 of The Indian Succession Act 1925.
------ - - Relevant Judgement - - - - - - - - - -
- Jyoti v/s State of Maharashtra 1979 Mh.L.J. 307.
- Vishnu Ramachandra Undage v/s Ganpati Ramachandra Undage 2005(4) Mh.L.J.1108.
- Ganapati Narayan Nikam v/s Ramachandra Bhiku Sawant 2009(6) Mh.L.J. 948.
- Shewantabai Bhagat v/s Arun Bhagat 2011(3) Mh.L.J. 136.
- Ramachandra Hande v/s Vithalrao Hande 2011(4) Mh.L.J. 50.
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