Why Probate of a will is Required in High Court
The requirement of probate depends on where the property is located and the governing laws: Reason Explanation Jurisdiction under Indian Succession Act, 1925 Under Section 213 of the Indian Succession Act, a probate is compulsory if the will pertains to property situated in certain territories, especially: • Mumbai (Bombay) • Chennai (Madras) • Kolkata (Calcutta). This rule applies particularly to Hindus, Buddhists, Jains, and Sikhs in these areas. High Court Authority In metropolitan cities like Mumbai, Chennai, and Kolkata, the original jurisdiction for granting probate lies with the High Court instead of a lower district court. Value & Complexity of Estate If the estate involves high-value assets , multiple properties, or complex legal issues, filing in the High Court ensures a higher level of scrutiny and legal standing. Disputes Among Legal Heirs If there are expected objections from family members or beneficiaries, filing in High Court helps in fas...