How do I probate a registered will in India?
Asked by: Salma Aufderhar | Last update: October 10, 2025Score: 4.9/5 (73 votes)
The process typically begins with the executor of the will filing a petition in the competent court seeking probate. The petition includes details such as the deceased person's name, date of death, and original/ copy of the will. Original Will is mandatory to be annexed alongwith the petition.
Does a registered will need probate in India?
A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, probate is optional.
How much does it cost to probate a will in India?
All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1. 50 lakh depending upon the advocate and complications involved in your probate work.
What is the process of probate of will in India?
The executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased's legal heirs so that notice can be issued to them.
Is there a time limit to probate a will in India?
Accordingly, the Court held that the only consistent view was that the right to apply for a probate was a continuing right and the application must be made within three years of the time when the right to apply accrued.
Is Probate of Registered Will required? रजिस्टर्ड विल प्रोबेट - LawRato.com
Can a will be executed without probate in India?
Under Section 212(2) of the Indian Succession Act, 1925, Hindus, Muslims, etc. are not bound to apply for letters of administration (Probate). It is optional and not mandatory for these persons to seek probate of the Will.
How long is a registered will valid in India?
There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.
How to avoid probate in India?
How to Avoid Probate? There are a few ways to avoid probate in India: Hold assets in joint tenancy with right of survivorship: This means that when one joint tenant dies, the surviving joint tenant automatically becomes the owner of the asset.
Can a beneficiary be an executor of a will in India?
Criteria to Appoint an Executor
The executor appointed may be either a beneficiary to the will or a third person(in case a dispute seems likely). It shall be made known to the executor that he/she shall be liable for any errors or mistakes even if the same has been executed in good faith.
Can a will be challenged after probate in India?
Ans4. Yes, a will can be challenged even after probate is granted, but the process becomes more complex. The person contesting the will must present compelling evidence to invalidate the probate and demonstrate the existence of legal grounds for their claim.
Can property be transferred without probate in India?
Immovable properties cannot be transferred based solely on a Will without obtaining probate. The executor''''s authority to transfer property is contingent upon the grant of probate [Mohamed Salman Noorani VS Radhika Bhargava - Bombay][Nagubai Ammal VS B. Snama Rao - Supreme Court].
How much does a lawyer charge to write a will in India?
Drafting a Will through a lawyer covers the majority of the monetary costs of making a Will. Drafting a Will generally costs around Rs. 10,000/- to Rs. 15,000/- by an experienced legal practitioner, a young legal practitioner can draft the same with costs anywhere between Rs.
Will vs probate?
A Will is a legal document that records what should happen to your property after your death, along with any other wishes. Probate is a legal process that gives a person, or a group of people, the authority to deal with a deceased person's assets. Therefore, both a Will and probate relate to the matter of death.
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
Does a notarized will need to be probated?
A notarized will does not need to be probated. WHY PROBATE A WILL THAT IS NOT NOTARIZED? When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court.
Can a foreign will be probated in India?
A probate is mandatory if the Will is made in a foreign country and the executor is trying to enforce the document in India for assets located within the country.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
Can executor sell property without all beneficiaries approving in India?
An executor can sell estate property without all the beneficiaries approving. However, there are some important caveats to consider. Their power is not unrestricted.
Which of the following is a commonly used way to avoid probate?
Establish a living trust: This is a common way for people with high-value estates to avoid probate. With a living trust, the person writing the trust decides which assets to put into the trust and who will act as trustee. When the trust owner dies, the trustee will divide the assets outside of probate.
How long does it take to probate a will in India?
The process takes about 1 year time if all the required documents are produced along with the application. If any one of the legal heirs contests the case, then it might take more time. A petition for probate must be filed in court along with the will in question.
Who is the owner of the property after father death in India?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
How do I execute a registered will in India?
After drafting of the Will, a witness should accompany the testator to the Registrar for registration of the Will. After executing the Will, the registered Will can be deposited in safe custody with a banker or lawyer.
Is notarized will valid in India?
The answer is yes, a notarised Will is valid in court. The Indian Succession Act, 1925, doesn't mandate a Will to be notarised or registered. Even a simple handwritten Will (Holographic Will) is considered valid if it fulfills certain criteria, like being signed by the testator and witnessed by two individuals.
What is the cost of registering a will in India?
The cost of making a Will in India is between ₹10,000 and ₹15,000, which includes the cost of only preparing the Will. There is no need to pay any government fees to register a Will, except for the nominal scanning and photocopy charges.