what is the difference of will and probate will

677 votes

Hi Probate of a WILL is compulsory for WILL's executed for properties located at Chennai, Bombay, and Kolkatta. Rest of jurisdictions Probate of a WILL is not necessary. However it is recommended that the WILL be proved in court of law and Succession certificate/ Letter of administration obtained for properties located in rest of India. Though for a common man, Probate of a WILL and obtaining succession Certificate/ Letter of administration is one and the same, the process and procedure are different for both. Also if any person other than a legal heir is claiming through WILL, then he has to get the WILL proven in a court of law and this is applicable all over india. Section 213(1) read with section 57 of the Indian Succession Act, 1925 inter alia states that the right of a person who inherits a property bequeathed under a will cannot be established unless a court of competent jurisdiction in India has granted a probate of the will or letters of administration with the will annexed thereto have been obtained. However, section 213 of the Act, only applies to wills and codicils made by Hindus, Buddhists, Sikhs or Jains if the wills are made on or after 1 September 1870, within the territories which, at the said date (being 1 September 1870) were subject to the governance of the lieutenant general of Bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at Madras and Bombay or to all such wills and codicils made outside those territories and limits relating to immovable property situated within those territories or limits.

Advocate Rajagopalan LawRato

885 votes

there will be only one will either registered or unregistered but both them needed to be probated under section 327 of Indian Succession act by the court of law by filing a probate op before them even if the will is not registered and then it will be executable

Advocate Innamuri Balasubramanyam LawRato