Dear Client,

Its been attested by Canadian court, sufficient, decree of foreign court valid in India which is also confirmed by Indian Embassy.

How come probate granted by Canadian Court for property situated in India, I mean Jurisdiction issue.

A foreign probate granted on a foreign Will covering immovable property in India is not enforceable in India. As a general rule a foreign court cannot decide on succession of immovable property situated in India,

Once probate is granted in foreign jurisdiction, Indian Courts will refrain from taking evidence to examine validity of the Will and should grant permission in the form of ancillary Probate to you very easily. After the grant of probate by court having jurisdiction only, you can sell your property in Delhi legally after following the due procedure, getting probate is not compulsory in Delhi but should always be done to prevent future disputes.

For any other queries, feel free to call.

Regards.

In Delhi probate of will is optional

Aunty can apply for mutation of property in her name based on will probated in Canada

She can then sell the property

Aunty can sell the property Bequeathed to her name without probate

It is not compulsory to obtain probate for a Will by which a property situate in Delhi has been bequeathed

The probate has to be verified in India by means of a declaratory suit

Please get in touch with a local lawyer who may get the work done for you.

Regards

In Delhi the probate is not mandatory so based on the will and probate in Canada she can get the property mutated in her name in records of municipal authorities, once the mutation is complete she can sell that property.

In case the will is made outside these territories, but for assets situated inside, it would still require a Probate.

A probate is completely different from the Letter of Administration, which is allotted when the will does not name an executor or a will is not made by the deceased person.

Application for Probate

A probate is issued with reference to Section 57 and Section 213 of the Indian Succession Act. The probates are granted to the executor or executors (in succession, in case more than one is named), by the High Court, with a copy of the will attached.

One can apply for a probate after seven days of the death of the Testator (or the person who makes the will and is the owner of the property to be distributed).

The application for probate, need to be made with the help of a lawyer or an advocate, to the High Court, under whose jurisdiction the property might fall. Although a lower court may be empowered to supply a probate for immovable properties of a small value, a probate from a higher court is required for high-value immovable assets.

Documents Required for Probate

While submitting a probate application, you need to submit certain documents that prove that:

a.The will is genuine and is the last will made by the testator.

b.The proof of death of the testator.

c.That the will is validly executed in clear conscience of the testator.

She will have to get the will probated again at Delhi.

This is in accordance with section 270 of the Indian Succession Act/

She, after the enforcement of the Will , can apply for mutation or transfer of revenue records on the basis of the Will to her name.

Then she can sell the property.

You need to validate the probate here in India. Then you can do the same.