What is the procedure to get probate a Will for the Christian?

Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property

by Shivendra Pratap Singh | May 26, 2022 | Property Cases

What is the procedure to get probate a Will for the Christian? Is it mandatory to have a will probated for a Christian in Mumbai? What is the procedure to get probate a Will for the Christian? Are Christians in Mumbai exempt from Probate? How best can a 36 year old be executed without any dispute in the family ? There are 4 legal heirs to the property.

According to section 213 of the Indian Succession Act 1925 the probate or letter of administration for a will is not mandatory for the Christians. This law is also applicable in Mumbai. Hence, you are not bound to take probate under the Indian Succession Act. 

Instead of probate you have to file a civil suit. However, if you file a probate the court will not refuse on the basis that a Christian does not require probate under Section 213(2) read with Section 54 (c) of the Indian Succession Act. But the proper procedure is to file a civil suit instead of a letter of administration or probate.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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