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Procedure to obtain Probate Decree / Certificate from High Court
12-Oct-2023 (In Civil Law)
I want to understand what is the procedure to obtain Probate Decree / Certificate from Prothonotary & Sr. Master of Bombay High Court after Judge passes order for Probate? I am Hindu.
Application:
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
Documents:
The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.
Notification:
After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.
Helpful?
49+
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Court will publish public notice in local news paper where the property is located about issue of legal heir certificate to you. If no objection is received in schedule period then court will issue it.
Helpful?
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39+
Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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