Is Probate Of Will Necessary For Indian Christian, will under christian law

125 votes

In most cases, a Christian will in India does not need to be probated. This is due to an amendment to Section 213 of the Indian Succession Act, 1925, which exempted Indian Christians from the requirement of obtaining probate for their wills.

LawRato LawRato

759 votes

Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed. The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills. Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same. The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.

Advocate Chinnmay S. Shah LawRato