My father died leaving a will of Kolkata property; do I need probate?
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Below is a comprehensive legal analysis based on Indian law for your question.
Probate is mandatory for wills of property in the metropolitan cities of Mumbai, Kolkata, and Chennai under the Indian Succession Act, 1925, and optional elsewhere, but obtaining it establishes the will's genuineness. You can file a probate petition before the District Court or Calcutta High Court in Kolkata with the original will, the death certificate, and the schedule of assets. The court issues a citation to relatives and, on no objection, grants probate. The grant is appealable. West Bengal Premises Tenancy Act 1997 may prescribe court fees, so local procedure applies. For Hindus outside the three cities, succession certificate or letters of administration may suffice. Probate does not confer title but authenticates the will. Caveats can be filed by objecting heirs.
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