Probate process of the unregistered will

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Time Limit to Approach the Court Three Years: A petition for probate should generally be filed within three years from the date of the testator's death, as per Article 137 of the Indian Limitation Act, 1963. Accrual of Right: However, some court judgments have held that the time limit starts from when the right to apply for probate accrues, which is often when an objection or challenge to the will arises, and not necessarily the date of death. Court Discretion: If there is a delay, a request for condonation of the delay can be submitted to the court with proper reasons, and the court has the discretion to decide whether to admit the application. Court of Jurisdiction Deceased's Residence: The petition should be filed in the District Court within whose jurisdiction the deceased person ordinarily resided or had a fixed place of abode at the time of their death. Property Location (Secondary): If the deceased had no fixed place of residence, or in certain cases where immovable property in specific metropolitan areas (Mumbai, Chennai, Bangalore) is involved, the court where the property is situated also has jurisdiction. Pecuniary Jurisdiction: The specific court (District Court or High Court) also depends on the monetary value of the assets involved.

Advocate Dhruv. K LawRato