How to establish the validity of a will

961 votes

Under the Indian Succession Act , a probate can be granted only to the executor appointed under the will.
A probate is essential if the will is for immovable assets in multiple states. The necessary procedure should be completed before applying for the transfer of ownership of the assets.

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 or advocate.
Documents
The court usually asks the petitioner to establish the proof of death of the testator, as well as 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 for a probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public.
Fees
The court may demand a percentage of the assets as a fee to issue a probate. This, however, is also subject to a ceiling. In addition to the court fee, the lawyer’s fee also needs to be taken .

Validation of Will
typing space matters
burden is on propunder to prove the will
one of attesting witness to prove the will
will should be written by scribe if registered will
witness should be known to testator
signature of testator should be tested.

Advocate Sarun Hans LawRato

694 votes

to probate a will, a probate petition has to be filed in the concerned court in prescribed manner with the signature of at least one of the witness of the will. prove the will by calling all the witness to the will and giving their testimony in the court. after the orders pay the relevant court fee and your will be probated.

Advocate Mayank Soni LawRato