Mother died in Bangalore and made a Will there where to probate
08-Feb-2023 (In Wills / Trusts Law)
Dear Sir, Madam, Probate: (Christian) Indian Succession Act, 1925. My Mother was having her Residence in Pondicherry/Bangalore. She Died in Bangalore in 2003, Two weeks after a Major Medical Operation. Before that she wrote a Will/Testament attested by two witnesses, and appointed my Father as the executor of the Will. This Will is not registered. 1)- I would like to know if this Will can be probated in Bangalore. I see that the Court fee: 30,000RPS (Max Ceiling), In Pondicherry the Court fee : 3,5 %. Could you Please Confirm. 2)-Since her last residence was in Bangalore, can we probate this Will In Bangalore, even if most of her properties are in Pondicherry. Thanks, regards. Indian Succession Act, 1925. 275. no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death,
Under Section 264, Indian Succession Act, 1925 The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. And According to Section 271, Indian Succession Act, 1925 When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction.
Thus, you can apply for the probate in either Bangalore or Pondicherry.
Thus, you can apply for the probate in either Bangalore or Pondicherry.
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