how to get probate of will in Bikaner high court

Detailed Legal Analysis

To obtain a probate of a will in the Bikaner High Court, one must follow a specific legal procedure outlined under the Indian Succession Act, 1925.

The process for obtaining probate involves the following steps:

• Eligibility: Only the executor named in the will can apply for probate. If there is no executor, any beneficiary may apply.
• Filing the Petition: A petition for probate must be filed in the appropriate High Court. In Bikaner, this would be the Rajasthan High Court. The petition should include:
  • The original will or a copy verified by the executor.
  • The death certificate of the testator (person who made the will).
  • Details of the assets and liabilities of the deceased.
  • Information about the beneficiaries.
• Affidavits: An affidavit should accompany the petition, affirming the validity of the will and the circumstances under which it was executed.
• Payment of Fees: Pay the requisite court fees as determined by the Rajasthan High Court based on the value of the estate. Refer to the Rajasthan Court Fees and Suits Valuation Act, 1952 for specific fee structures.
• Notice to Heirs: After filing the petition, a notice must be issued to all legal heirs and beneficiaries, informing them about the probate application. This is crucial as it allows them to contest the will if they wish.
• Hearing: The court will schedule a hearing for the probate application. During this hearing, the petitioner must prove the validity of the will, and if contested, present evidence supporting their claim.
• Grant of Probate: If the court is satisfied with the evidence and there are no objections, it will grant probate. The order will be recorded, and the will will become a public document.

It is essential to comply with all procedural requirements and deadlines as stipulated in the Indian Succession Act, 1925, Section 222, which governs the grant of probate. Additional reference can be made to Section 276, which outlines the jurisdiction and procedure involved in obtaining probate in India.

Consulting with a legal professional experienced in succession matters is advisable to navigate the complexities involved in the probate process.