Legal Question in Wills and Trusts in India
does high court requires original will for filing of probate petition or true certified copy will be sufficient
4 Answers from Attorneys
Original Will is the requirement of law - Indian Succession Act, be it may, probate petition before the district court of High Court.
Original Will is the requirement of law - Indian Succession Act, be it may, probate petition before the district court of High Court.
However, if one of the beneficiaries, do not have the original WILL, then along with the probate petition he may also file an application seeking directions from the court against the person holding the original Will, directing to produce and file the original will in the court.
you may file the probate case on the basis of true certified copy and later, when the court directs you to produce the original will, you may do the same and the court may even write in its order that original seen and returned. however, at the time of evidence, you may have to file the original and exhibit it.