how to get probate of will in Aurangabad high court

Detailed Legal Analysis

To obtain probate of a will in the Aurangabad High Court, one must follow a structured legal process as outlined under the Indian Succession Act, 1925.

Probate is a legal process through which a deceased person's will is validated by the court, ensuring that the executor can administer the estate as per the deceased’s wishes. Here are the steps to obtain probate:

• Eligibility to Apply: The application for probate can be filed by the executor named in the will. If the executor is unable to act, the legal heirs may file the application.
• Gather Required Documents: The following documents are necessary to initiate the probate process:
  • Original will and its photocopy.
  • Death certificate of the deceased.
  • Identity proof of the applicant (Aadhaar, PAN, etc.).
  • Address proof of the applicant.
  • List of legal heirs and their identity proofs.
  • Affidavit of the applicant stating the circumstances of the will and the heirs.
• Prepare the Petition: Draft a petition for probate, which should include:
  • The details of the deceased.
  • The relationship of the applicant with the deceased.
  • Details of the will.
  • Prayer for grant of probate.
• File the Petition: Submit the petition along with the required documents to the Aurangabad High Court. The court fee is applicable as per the value of the estate as specified under the Court Fees Act, 1870.
• Notice to Heirs: The court will issue notices to all legal heirs and beneficiaries mentioned in the will, inviting them to contest the probate if they wish to.
• Court Hearing: Attend the hearing where the court will examine the validity of the will, and if no objections are raised, will grant probate.
• Grant of Probate: Upon satisfaction of the court regarding the authenticity of the will, the probate will be granted, allowing the executor to manage the deceased’s estate.

Relevant laws governing the probate process include the Indian Succession Act, 1925, particularly Sections 2, 222-231, which outline the procedure and requirements for obtaining probate in India.

It is advisable to engage a qualified lawyer to assist with the probate process to ensure all legal formalities are duly followed.