how to get probate of will in Kolkata high court
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Below is a comprehensive legal analysis based on Indian law for your question.
Probate of a will in Kolkata is governed by the Indian Succession Act, 1925, and is mandatory for wills relating to immovable property in certain jurisdictions. A probate petition must be filed before the District Court or Calcutta High Court having jurisdiction over the property. The Calcutta High Court has held that a probate establishes the genuineness of the will and grants the executor the authority to administer the estate. West Bengal Premises Tenancy Act 1997 may prescribe court fees for probate applications and define the jurisdictions where probate is mandatory in West Bengal. The petition must be accompanied by the original will, death certificate, and a schedule of properties. The court issues a citation to the legal heirs and publishes a notice inviting objections from interested parties. If no objections are received, the court grants probate after examining the witnesses to the will. Engage a probate lawyer to draft the petition and guide you through the process.
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