Legal Question in Wills and Trusts in India
Procedure for obtaining Probate
My brother lived in Delhi. Separated from wife for about six years. Has two minor sons. The wife took away the children and currently resides in Chennai. He has made a will in Bombay in the year 1999. He died in Delhi in December 2000. By his will he has appointed me the executor of the will. He has left nothing to his wife. He used to work with a Public Sector Undertaking in Delhi and did not file any nomination for his PF account nor his bank account.He had no immovable property in his name.
By his will he has left his personal bank balance to me and our only other sister. For his minor sons he has desired that his accruals from PF be divided equally between his two sons and deposited in fixed deposits etcetra. The wife and her family not to use any money for her/their personal use.
Upon sending copies of his will to his bank they have asked for probate.
His employers have asked for Succession Certificate.
Please advise:
1. Which court shall have jurisdiction.
2. Procedure for applying for probate.
3. Are there any special lawyers for same.
Whch court
1. Where should I apply for probate
2 Answers from Attorneys
Re: Procedure for obtaining Probate
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards
Satish Maheshwari.
Re: Procedure for obtaining Probate
Since your brother did not have any immovable properties, it is not necessary for u to go for probate at all. Succession Certificate would do the needful. However, if Will has any other property than left with the deceased office, then u might have to go for probate. Jurisdiction will be Delhi where your brother resided and Bombay where he executed his Will, and thirdly at place where his office was located.
Any one of these places one can go for probate and/or succession certificate. In either of the case one has to file a petition before the District Judge giving the details of the property and the names and addresses of the legal heirs of the deceased. The court then send the notice of the petition to the legal heirs inviting their objection, if any, to the relief sought for. The court decides the objections or grant the relief as the case may be.
In case of any further question feel free to write
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