PROBATE OF WILL IN MUMBAI AND PROBATE OF WILL IN THANE AND NAVI MUMBAI
PROBATE MEANING
Most of the people having WILL in their hand don’t know probate meaning. Probate under Indian succession act Section 2(f), means copy of the WILL certified under the seal of court. When Probate is granted by the Court having territorial jurisdiction it could be considered that WILL and and Acts of the executor of WILL are valid. It is a evidence which proves validity and execution of WILL as well as proves that person making WILL was having valid testamentary capacity to make a WILL.
PROBATE MEANING IN MARATHI
प्रोबेट, म्हणजे कोर्टाच्या शिक्काखाली प्रमाणित मृत्युपत्र ची प्रत. जेव्हा कोर्टाद्वारे प्रोबेट मंजूर केला जातो तेव्हा असा विचार केला जातो कि संबंधित मृत्युपत्र कायद्याने वैध आहे. प्रोबेट हा एक पुरावा आहे ज्याने मृत्युपत्र ची वैधता सिद्ध होते आणि हे सिद्ध होते कि मृत्युपत्र करणारा व्यक्ती कायद्याने मृत्यूपत्र करण्यास सक्षम होता.
PROBATE MEANING IN HINDI
प्रोबेट, यानी प्रमाणित वसीयत की एक प्रति अदालत की मुहर के तहत होगी। जब प्रोबेट एक अदालत द्वारा दी जाती है, तो यह माना जाता है कि वसीयत कानून द्वारा मान्य है। प्रोबेट वह साक्ष्य है जो वसीयत की वैधता को साबित करता है और यह साबित करता है कि वसीयत करने वाला व्यक्ति कानून द्वारा वसीयत बनाने मेके के लिए सक्षम था।
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PROBATE OF WILL
WHAT IS PROBATE OF WILL ?
‘Probate’ means a copy of a Will certified under the seal of the Court of competent jurisdiction with the grant of administration of the estate of the testator.
Most of the people in India thinks that if the WILL is made by the person all property will get automatically transferred in the name of the person whose name is mentioned in WILL. But in Maharashtra after death of testator WILL needs to be probated by filing the petition in appropriate court for probate. It is a process of judiciary through which the authenticity of a WILL is determined by court. Once probate is complete all the properties will be transferred as desired in the WILL and .
HOW TO PROBATE A WILL
Applying for probate? applying for grant of probate is probate process called “probate after death of the testator of WILL”. To probate a will you have file petition for probate of will. Petition for probate is also called testamentary petition. Petition for probate could be filed in the court though probate lawyer/probate solicitors/wills and estates lawyer/probate law firms who provides probate service. After death of the testator its duty of the executor of estate to appoint Probate Lawyer and proceed for probate of WILL.
In probate court process probate lawyers need to prove that WILL has been validly executed by testator, and the said WILL is last will of the deceased. Lets understand will probate process and probate steps.
- PETITION FOR PROBATE OF WILL
The testamentary petition has to be filed in the competent court having pecuniary jurisdiction. That means if you have high value of the property you may have to approach higher court obtaining grant of probate through a wills and probate lawyers or probate law firms.
- PROBATE DOCUMENTS
In probate litigation court usually asks the petitioner proof of death of the testator but there are some vital documents to be needed as well. Following are the Documents required in probate process –
- Death Certificate of the testator.
- AADHAR CARD of the testator.
- Ration Card of testator.
- Original WILL.
- List of Legal Heirs.
- AADHAR of all legal heirs.
- Documentary proof of the properties mentioned in the WILL.
- NOTIFICATION
On receipt the petition for probate of will, the court issues notice to the legal heirs of the deceased to file objections, if any, to grant of probate. In such case if the any of the legal heir having objection can file his/her objection with help of lawyers for will disputes. Probate litigation attorney file his objection in court on WILL and if the court satisfies then the said testamentary petition will be converted in Suit.
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VALUATION OF PROPERTY FOR PROBATE PURPOSES
Valuation of property for probate purposes depends on the nature of the property claimed suppise it is movable property like shares of company then you have to get value of the share of the date on which application going to be filed. If the property is immovable like flat or land then you have to get market rate of the property as per current government valuation. For filing petition for probate of WILL, you can appoint official professional valuer or Probate lawyer could also do the same by taking of government Website portal like igrmaharashtra.
- FEES/ COST TO PROBATE A WILL
For probate of will in Maharashtra you have to pay 5 percent of the assets which are claimed in WILL, as court fees for probate of will in mumbai. Probate fees in Mumbai and rest of Maharashtra is same. However, the said fees is also subject to a ceiling of Rs. 75,000/-. In addition to the grant of probate cost/ cost of probate, the probate lawyer cost also needs to be taken into account. Since it is very technical work and it requires continuous follow up, its not easy to get low cost probate lawyers.
References and more to read :
Source : Mirror Now
WHAT IF THE EXECUTOR DOES NOT PROBATE THE WILL ?
Avoiding probate/ avoiding probate court is not possible in order to give effect and take action on WILL of the testator. According to the Indian Succession Act, if a person makes a will but does not get probate from a competent court, it cannot be of any value. The beneficiary named as per his wish has to apply for probate under section 222 of the Indian Succession Act. The legal heirs have to be made party in the matter. As evidence, the death certificate and a copy of the will has to be produced along with the petition for probate of will.
PROBATE COURT
If the case is in the city, apply for probate before the City Civil Court. Otherwise the application will be made before the District Judge. For probate of will in Mumbai you have to file Petition for probate of WILL in Hon’ble High Court. For probate of will in thane you have to ile Petition for probate of WILL in Hon’ble Thane Civil Court
PROBATE WITHOUT A WILL
Probate without WILL is not possible but In cases where a person has died without a WILL, the Letter of Administration will be granted by the Probate Court to distribute the deceased property among the heirs. So probate process without a will is not possible but there is another provision of Letter of Administration to fulfill the purpose.
CHALLENGING A WILL AFTER PROBATE GRANTED IS POSSIBLE???
The right to challenge the grant of probate comes under Indian Succession Act. The Act gives individuals with “interest” in the testator’s estate the right to file a caveat against a probate to challenge the validity of the will.
LIMITATION FOR PROBATE OF WILL
Under Indian succession Act probate can be granted to only executor appointed by the WILL. The said appointment can be expressed or implied. Probate of WILL can not be granted to the minor or person of unsound mind. Probate under Indian succession act can not be granted to any association of person but it could be granbted to company if it is satisfying norms specified by the state government in this regard.
References and more to read :
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