Legal Advice

What is the procedure to get probate a Will for the Christian?

Query

Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property

Advice

According to section 213 of the Indian Succession Act 1925 the probate or letter of administration for a will is not mandatory for the Christians. This law is also applicable in Mumbai. Hence, you are not bound to take probate under the Indian Succession Act. 

Instead of probate you have to file a civil suit. However, if you file a probate the court will not refuse on the basis that a Christian does not require probate under Section 213(2) read with Section 54 (c) of the Indian Succession Act. But the proper procedure is to file a civil suit instead of a letter of administration or probate.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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