from which place/court should i get the probation(proof of authenticity) of the will?

Question

My uncle lived in Amritsar. He made a will in my name regarding a house he owned in New Delhi. I also live in Amritsar.

Now he has expired.

i need to know, from which place/court should i get the probation(proof of authenticity) of the will? From Amritsar or Delhi?

Answer 1

Let’s first see what the Indian Succession Act,1925 provides for this. Section 270 of the Act provides : When probate or administration may be granted by District Judge:-Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge. Section 271 provides : Disposal of application made to Judge of district in which deceased had no fixed abode.-When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction. You should first check the will & contention of the testator with regard to the jurisdiction of the court whether it should be the place where he had fixed place of abode or of the property where it is situated. In case there exist no such provision laid down in the said will then it shall be the discretion of the judge to dispose of such petition for probation at any of these places. In your case both these places can be place to get the probation order of this will if there exist no particular provision with this regard. But since the property in question is situated in Delhi, I feel it shall be better to move Delhi Court least the Amritsar Court refuse to entertain this petition using its discretion under section 271 as provided above.

Answer 2

You can first move the District Court in Amritsar for probate, the Judge will either entertain the petition or direct you to move the Delhi District Court based on his discretion and the contents of the will.

Answer 3

You need to see a lawyer and change the ownership, to you, legally, sooner the batter.

A good solid will is, as rule is registered in the city in which they are executed, but if it was not done then it need to be authenticated first, you may want to do this in both the city to get good authentication for future.

If it is read in the courts, and accepted by the court than it is automaticaly authenticated by that court.

Answer 4

You need to consult a local attorney.

Answer 5

where there is a Will there is a way.