Bank asking for a probate certificate what should I do.

919 votes

To obtain probate in India, the executors must file a petition with the original Will annexed in the court having jurisdiction in India. The jurisdiction of the court depends on where (State) in India the testator at the time of his death had a fixed place of abode, or where the assets are situated. Usually the principle judge of district court will have jurisdiction to grant probate.
The petition must be signed by the executor and contain the time of testator’s death, declaration that the writing is the testator’s last Will and Testament, statement that Will was duly executed, value of assets and statement that the executor making the application is named in the Will. The executor must provide a blank Judicial Stamp Paper of value equal to the requisite court fee (as per the value of property in the application) on which probate will be printed. Each State in India has enacted its own legislature which prescribes the court fees applicable and it varies from State to State.
Consent affidavits should be filed by the kins of the testator. The court will then issue notice for filing of objections if any, by those kins of the testator who have not filed consent affidavits. Where there are no objections and Will is duly executed the probate will be granted.

Advocate Ayantika Mondal LawRato

969 votes

Please note that just because the Will is registeted it need not be genuine. Normally the claim will be settled by the bank obtaining a declation from all the legal heir that the Will is genuine and the deceased has not left any other will. If the bank manager not satisfied with the genuines of the will for any reason then he will insist for duly probated will.

LawRato LawRato