how to get probate of will in Patna high court
CH Asked by Charu Singhal from India
Quick Answer
Probate of a will in Patna is governed by the Indian Succession Act, 1925, and is mandatory for wills relating to immovable property in certain jurisdictions.
Detailed Legal Analysis
Probate of a will in Patna 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 Patna High Court having jurisdiction over the property.
The Patna High Court has held that a probate establishes the genuineness of the will and grants the executor the authority to administer the estate. Bihar Rent Control Act 2017 may prescribe court fees for probate applications and define the jurisdictions where probate is mandatory in Bihar.
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.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.