When there is no legal Will left by the deceased person, the second method—which is automatic—is used. It may also occur with regard to the assets that were not left behind by his Will. It may also occur with regard to the assets that were not left behind by his Will. In these situations, his whole estate or any assets not left in a Will pass to his lawful heirs in accordance with the rules of the succession law that applies to him based on his religion.
What Exactly Is A Probate?
According to the Indian Succession Act of 1925, a probate is as follows:
A certified copy of a will bearing the seal of a court with appropriate jurisdiction is referred to as "probate," together with a grant of administration to the testator's assets.
By creating a will, a person communicates his desire for particular others, who are often mentioned in the will, to carry out his desires after his death. Executors are the people designated in a will to carry out that person's wishes. A probate is a procedure that a court uses to formally certify a will. The Will is eventually established and proved by probate. A probate is a resounding demonstration that a will was legitimately executed, authentic, and the deceased person's last Will.
Is A Probate Needed?
The general people are utterly uninformed about the conditions in which a Will is required. According to the Indian Succession Act of 1925, a probate is required if a will is written in an area that was governed by the Lieutenant-Governor of Bengal or inside the territorial limits of the regular original civil jurisdiction of the Madras and Bombay High Courts of Judicature. The clauses pertain to the locations as they were known at the time the Indian Succession Act, 1925, was enacted. These can be taken to refer to the modern-day municipal boundaries of Mumbai and Chennai, respectively, and the states of West Bengal.
Therefore, unless one of these three situations applies, a will does not need to be probated. Even though it is not required, there are no legal restrictions for obtaining a will's probate. In situations where there is a chance that the validity of the will may be disputed in the future on any basis, it is advised to get a probate.
Because the office holders are unaware that a probate of a Will is required in these areas, many housing societies do not insist on a probate for the transfer of apartments in the names of the people to whom the flats have been bequeathed. However, the housing societies or the authorities that are in charge of recording the names of the owners may insist on the presentation of a probate in order to transfer ownership of properties located in the aforementioned three regions.
Who May File A Probate Petition?
Only the executor(s) designated in the will may request a probate. The executor must submit an application for a probate under the court's seal, attesting to the validity of the Will. If there are several executors, the probate may be awarded to them all at once or in accordance with the timing of the application. If there is no executor named in the Will, the court just issues a basic letter of administration rather than a probate.
Source from: navimumbaihouses
