how to get probate of will in Bhubaneswar high court

Detailed Legal Analysis

To obtain a probate of a will in the High Court of Odisha located in Bhubaneswar, you must follow a structured legal process under the Indian Succession Act, 1925.

Probate is the legal process through which a deceased person's will is validated and recognized by the court, thereby allowing the executor to distribute the estate according to the terms of the will. The process can be summarized in the following steps:

• Eligibility: Ensure that you are an executor named in the will or an interested party (heir) entitled to apply for probate.
• Prepare the Necessary Documents: Gather all relevant documents, including:
  • The original will (duly signed and attested).
  • Death certificate of the deceased.
  • Identity proof of the executor/applicant (Aadhar card, PAN card, etc.).
  • Proof of residence of the deceased at the time of death.
  • Affidavit stating the details of the will and the relationship with the deceased.
• File a Petition: Draft and file a petition for probate under Section 222 of the Indian Succession Act, 1925, in the appropriate High Court. Ensure that the petition includes:
  • Name and details of the deceased.
  • Details of the will.
  • List of legal heirs and beneficiaries.
  • Prayer clause seeking grant of probate.
• Pay Court Fees: Pay the requisite court fees based on the value of the estate as specified in the court fee act applicable to Odisha.
• Notice to Legal Heirs: After filing the petition, the court may require you to issue notices to all legal heirs and beneficiaries, informing them about the probate application, as per Section 263 of the Indian Succession Act.
• Court Hearing: Attend the court hearings as scheduled. The court will scrutinize the will and any objections raised by other parties. If satisfied, the court will grant probate.
• Obtain the Order: Once the court grants the probate order, obtain a certified copy of the order for further necessary actions like transferring property.

It is advisable to consult with or hire a legal professional specializing in probate matters to navigate the complexities of the procedure effectively.