how to get probate of will in Nashik high court

Detailed Legal Analysis

To obtain probate of a will in the Nashik High Court, one must follow a series of legal steps outlined under the Indian Succession Act, 1925, particularly under Section 222.

The process of obtaining probate involves the following steps:

• Filing a Petition: The petitioner must file a probate petition in the appropriate High Court (in this case, the Nashik High Court). This petition should include details such as the deceased's details, the relationship with the petitioner, and the particulars of the will.
• Documents Required: The following documents should be submitted along with the petition:
  • Original will and its copies.
  • Death certificate of the testator (the person who made the will).
  • Affidavit in support of the petition.
  • Proof of relationship with the deceased (e.g., birth certificate, marriage certificate).
  • List of legal heirs and their addresses.
• Payment of Court Fees: The petitioner must pay the requisite court fees, which vary based on the value of the estate as per the Bombay Court Fees Act, 1959.
• Issuance of Notice: After filing the petition, the court will issue a notice to all legal heirs and interested parties, giving them an opportunity to contest the probate if they wish.
• Hearing: The High Court will schedule a hearing where the petitioner must present evidence supporting the validity of the will. This may include witness testimonies if the will was made in the presence of witnesses.
• Grant of Probate: If the court is satisfied with the evidence presented, it will grant the probate, thereby validating the will. A probate order is essential for the executor to administer the estate.

It is important to note that the entire process can take several months depending on the complexity of the case and any potential disputes among heirs. Therefore, legal advice and assistance from a qualified lawyer specializing in succession laws are highly recommended.

Additionally, anyone contesting the probate can file a caveat in court as per Section 148A of the Code of Civil Procedure, 1908, which will prevent the grant of probate until the matter is resolved.