My father died leaving a will of Mysore property; do I need probate?
GA Asked by Gayatri Rao from India
Quick Answer
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.
Detailed Legal Analysis
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 Karnataka High Court in Mysore 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.
Karnataka Rent Control Act 1999 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.
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.