Table of Contents
Frequently asked question
What is a Probate?
Probate is a legal certificate issued by a competent court certifying that a particular will is the valid last will of the deceased and that the person named as executor is authorized to administer the estate of the deceased in accordance with the terms of the will
When is Probate required in India?
Probate is mandatory:
If the will is executed by a Hindu, Jain, Sikh, or Buddhist and pertains to immovable property situated within the jurisdiction of High Courts of Madras, Bombay, or Calcutta.
It is also advisable in other jurisdictions for legal authenticity and smooth transfer of property.
It is especially required if any party challenges the validity of the will or if banks/authorities require it before transferring assets.
Who can apply for Probate?
Only the executor named in the will can apply for probate. If no executor is named or willing to act, other legal heirs can apply for letters of administration.
Where should a Petition for Probate be filed?
The petition should be filed in the District Court or High Court having jurisdiction:
Where the deceased resided at the time of death, or
Where the deceased owned immovable or substantial movable property.
What documents are required to file a Probate Petition?
Key documents include:
Original Will of the deceased
Death certificate of the deceased
Identity and address proof of the petitioner
Details and valuation of the deceased’s estate
No objection from legal heirs (if needed)
Affidavits of the attesting witnesses
What is the procedure for obtaining Probate?
Filing of the petition with supporting documents and court fees.
Issuance of notice to the general public (through publication).
Hearing of objections (if any).
Examination of attesting witnesses to prove the will.
Grant of probate by the court after due satisfaction.
How long does it take to get Probate?
It usually takes 6 to 12 months, depending on:
Whether any objections/caveats are filed
Efficiency of the court process
Readiness of supporting documents
What are Court Fees for Probate?
Court fee is levied under the Court Fees Act, 1870 and varies by state and the market value of the estate. For example, in Delhi, it ranges up to 4% of the value of the property subject to a maximum cap.
Can a Will be challenged after Probate is granted?
Yes, but only through a civil suit to revoke probate under Section 263 of the Indian Succession Act, based on grounds like:
Fraud or suppression of material facts
Forgery
Undue influence or coercion
What happens if no Probate is obtained?
Legal heirs may face difficulties in transferring or selling immovable property.
Banks and government departments may not release funds or assets.
The validity of the Will may be challenged in future.
Can more than one person apply for Probate?
Yes, if more than one executor is named in the Will, they can file a joint petition. If one renounces, others may proceed alone.
Is Probate necessary for registered Wills?
Yes. Registration of a will does not eliminate the need for probate if required under law. Registration only adds evidentiary value but does not legalize the execution by itself.
Can a Will be probated after many years?
Yes, although there's no strict time limit under the Indian Succession Act, the Limitation Act prescribes a 3-year period from the date of death. However, courts may condone delay with justified reasons.
Does every Will need to be probated?
No. Probate is not mandatory for Wills made by Christians, Parsis, or Muslims, or for properties outside the notified jurisdictions, unless a dispute arises or required by authorities.
Sample
BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT [___________]
(Civil Original Testamentary Jurisdiction)
Testamentary Petition No. ____ of 2025
IN THE MATTER OF:
The Indian Succession Act, 1925
AND
IN THE MATTER OF:
The Last Will and Testament dated 12th October 2023 executed by Late Shri Rajesh Kumar, S/o Late Shri Mohan Lal, R/o 12, Green Park, New Delhi – 110016
AND
IN THE MATTER OF:
An Application for Grant of Probate of the said Will in favour of Shri Anil Kumar, the Executor named therein
TO,
The Hon’ble Chief Justice and His Companion Justices of the Hon’ble High Court of Judicature at [___________]
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHEWETH:
That the Petitioner, Shri Anil Kumar, aged about 45 years, son of Late Shri Rajesh Kumar, is a resident of 34, Vasant Vihar, New Delhi – 110057, and is the natural-born son and named Executor under the Last Will and Testament of the deceased Shri Rajesh Kumar.
That the deceased, Shri Rajesh Kumar, S/o Late Shri Mohan Lal, was a Hindu by religion, and resided at 12, Green Park, New Delhi – 110016. He passed away on 5th January 2024 at New Delhi, within the territorial jurisdiction of this Hon’ble Court. A certified copy of the death certificate issued by the Municipal Corporation of Delhi is annexed herewith and marked as Annexure P-1.
That the deceased left behind a valid and duly executed Last Will and Testament, dated 12th October 2023, which was made voluntarily and in a sound and disposing state of mind. The said Will was executed in the presence of two attesting witnesses, as required under Section 63 of the Indian Succession Act, 1925. A true copy of the said Will is annexed hereto and marked as Annexure P-2.
That the said Will was attested by the following two competent witnesses, who were both present at the time of execution and signed in the presence of the deceased:
Shri Ramesh Gupta, S/o Late Hari Ram Gupta, R/o 45, Greater Kailash, New Delhi – 110048.
Shri Manoj Verma, S/o Late Dinesh Verma, R/o 22, Saket, New Delhi – 110017.
That as per the Will, the deceased appointed the Petitioner herein, Shri Anil Kumar, as the sole Executor to administer the estate and fulfill the testamentary intentions expressed therein. The Will bequeaths the following:
Equal division of all movable and immovable properties to the deceased’s wife Smt. Sunita Kumar and daughter Ms. Neha Kumar.
Specific legacies including personal jewelry and bank deposits to be administered in accordance with the instructions laid down in the Will.
That the deceased was possessed of various movable and immovable assets, the full particulars and estimated market value of which are provided in Schedule A to this Petition.
That the legal heirs and next of kin of the deceased, apart from the Petitioner, are as follows:
Smt. Sunita Kumar, Wife, aged about 65 years, residing at 12, Green Park, New Delhi – 110016.
Ms. Neha Kumar, Daughter, aged about 38 years, residing at 18, Defence Colony, New Delhi – 110024.
That no other legal heir or claimant has contested or raised any objection regarding the validity of the Will, and no caveat has been filed against the grant of probate in any court so far, to the best of the Petitioner’s knowledge and belief.
That the Petitioner undertakes to duly and faithfully administer the estate of the deceased, to render a true and proper account of the same, and to act strictly in accordance with the provisions of the Indian Succession Act, 1925.
That the Will is required to be probated as per law since it pertains to immovable property situated within the territorial jurisdiction of this Hon’ble Court and involves a bequest under Hindu Law.
That the necessary court fees as per the Court Fees Act, 1870 have been paid and affixed herewith as per the valuation of the estate mentioned in Schedule A.
That this Hon’ble Court has the jurisdiction to entertain and try the present petition as the deceased died within its jurisdiction, and the properties sought to be probated are also situated within the said jurisdiction.
That this petition is being filed within the limitation period as prescribed under the Indian Limitation Act, 1963.
PRAYER
The Petitioner, therefore, most respectfully prays that this Hon’ble Court may be pleased to:
Admit this Petition and grant Probate of the Last Will and Testament dated 12th October 2023 of Late Shri Rajesh Kumar in favour of the Petitioner, Shri Anil Kumar;
Direct the issuance of Probate Certificate under the seal of this Hon’ble Court in respect of the assets and properties listed in Schedule A;
Pass any other or further orders as may be deemed fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, the Petitioner shall ever remain grateful and pray.
Place: New Delhi
Date: 14th April 2025
Petitioner:
Sd/-
Shri Anil Kumar
Through Counsel:
[Name of Advocate]
[Address, Enrollment No., Contact Details]
SCHEDULE A
Statement of Assets and Properties left behind by the deceased Shri Rajesh Kumar
Sr. No | Description of Property/Asset | Estimated Market Value (INR) |
|---|---|---|
1. | Residential House at 12, Green Park, New Delhi | ₹1,50,00,000 |
2. | Fixed Deposits with HDFC Bank (A/c No. ending 3521) | ₹35,00,000 |
3. | Life Insurance Corporation Policy – Maturity Amount | ₹10,00,000 |
4. | Household articles and personal belongings | ₹3,00,000 |
5. | Gold and Diamond Jewellery (as per valuation report) | ₹7,00,000 |
Total Estimated Value of Estate | ₹2,05,00,000 | |
List of Annexures:
Annexure P-1: Certified copy of the Death Certificate of Late Shri Rajesh Kumar
Annexure P-2: True copy of the Last Will and Testament dated 12th October 2023
Annexure P-3: Valuation report of movable and immovable assets (if any)
Annexure P-4: Affidavit in support of Petition
Annexure P-5: Affidavits of attesting witnesses (Ramesh Gupta and Manoj Verma)