Wikiprocedure

Maharashtra - Procedure to Probate a Will

Page Discussion

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ProcedureEdit

Probate a Will through Court:

  1. On demise of a testator, an executor shall approach the respective civil court where the will was registered to probate the will as the last will of a deceased testator.
  2. Contact link AND link1 in the given page, please click on the respective state/UT as appropriate to reach a new page. Here, please select the respective district name from the dropdown list under “Please Select Your District” for the concerned page. Here, select the “Contact Us” menu for contact details.
  3. The executor (applicant) shall apply through a lawyer. The applicant shall provide the registered will document number, the Aadhaar of the Testator and other documents as per the “Required Documents” section of this page to the lawyer to apply.
  4. The lawyer will prepare the draft/affidavit to apply before the respective court with the applicable court fees and charges as applicable and as per norms.
  5. On receiving the affidavit (application), the court verifies the submitted details and application.
  6. The applicant, along with the witnesses should appear before the court as per the case proceedings.
  7. The court will do the proceedings by serving a notice through the newspaper and issue an invitation letter to the nearest kin of the deceased (testator) to invite any objection.
  8. The notice will be published by affixing a copy thereof to a conspicuous place in the office to invite any objections within the next 30 days.
  9. If after 30 days, there is no objection from the kin or the public, the court probates the registered will as the valid last will of the deceased testator and issue s a certified copy of the will as per court norms.
  10. The applicants are advised to follow the lawyer’s guidelines to get a copy of the will.
  11. The entire process can be completed within six to nine months. If there are any objections, the process may take more time, depending on the severity of the objection and the investigations required.



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Required DocumentsEdit

  • The affidavit or application
  • Address proof of the applicant and witnesses (PAN Card /Driving Licence / Bank Passbook / Electricity Bill / Telephone Bill)
  • Identity proof of the applicant and witnesses (Voter ID / Passport / Aadhaar card / Driving licence)
  • Copy of the will
  • Death certificate of the testator
  • A letter stating that the testator of sound mind when preparing the will
  • Challan/DD for court fee or charges
  • Proof of Identity of testator or testatrix (Ration Card / Aadhaar Card / Voter ID)
  • Address proof of testator or testatrix (Driving licence / Ration card / Aadhaar card / Voter ID)
  • Copy of birth certificate or any other document as age proof
  • Aadhaar card of the testator, the applicant and the witnesses


NOTE:
  • Apart from the above documents, the authorities may ask for additional information or documents. Please provide them for processing.



Office Locations & ContactsEdit

Bombay High Court,
Fort, Mumbai -32.
Email: [email protected]
Contact link

EligibilityEdit

  • The applicant must be at least 18 years old.
  • The will must be drawn in favour of the applicant.
  • The will should be registered.



FeesEdit

  • The applicant should pay the required court fees in accordance with the Court Fees Act.



ValidityEdit

  • The “certified copy of the will” is valid for the executor to take control of the properties listed in the will.



Documents to UseEdit

Please attach documents that can be used by people. e.g. links



Sample DocumentsEdit

Please attach sample completed documents that would help other people.



Processing TimeEdit

  • The entire process can be completed within six to nine months. If there are any objections, the process may take more time, depending on the severity of the objection and investigations required.



Related VideosEdit

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.



InstructionsEdit

  • The executor should be of sound mind at the time of applying.
  • Please make sure to provide the correct will registration number and other details to the lawyer to apply.
  • Please make sure to avoid spelling mistakes in the application.
  • The executors are advised to provide the Aadhaar card, death certificate and all possible documents of the testator.
  • Do not submit fake documents as a proof to apply.



Required InformationEdit

  • Name of the testator or testatrix
  • Testator or Testatrix address
  • Aadhaar number of testator or testatrix
  • Address details of testator or testatrix
  • Date and place of will registration
  • Name of the executor
  • Executor address
  • Age and sex of the executor
  • Aadhaar card number of the executor
  • Mobile number



Need for the DocumentEdit

  • The executor of a Will need to probate a Will to take the full control of the property mentioned in the Will and also to execute the Will.
  • A “certified copy of will” ensures that the will is the last valid will of the testator or testatrix and it is free from litigations.



Information which might helpEdit

  • Registration of the will is required to get a legal copy of the will.
  • The original registered ‘’Will’’ may be compared with the one submitted in case of any tampering is suspected.
  • If the original will is destroyed or damaged, the applicant can get a copy from the registrar office.
  • What may be bequeathed (included in a will).
    • Property over one has complete ownership.
    • Dwelling place.
    • Land.
    • Money.
    • Jewellery.
    • Paintings and artefacts of value.
    • Royalty.
    • Earnings from fixed deposits.
    • Land obtained through a lease deed if the deed has not expired.



Other uses of the Document/CertificateEdit

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.



External LinksEdit

Place some external links which might help.



OthersEdit

More information which might help people.



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