Where are the properties situated in Maharashtra kindly clarify
if any property is in Mumbai you can apply for probate in Mumbai for properties situated in Mumbai ,Tamil Nadu ,Kerala
Probate of will in mumbai
Can an executor of a Will obtain/file a Probate in Mumbai for properties in Maharashtra, Tamil Nadu and Kerala for a Will registered in Chennai ?
Asked 3 years ago in Property Law
Religion: Other
10 Answers
As some of the properties are in Maharashtra, the petition can be filed in the Bombay HC
The petition has to pray that probate be granted which is applicable throughout India
Probate proceedings for a will registered in Chennai has to be filed in Chennai. Location of properties can be in different states. Place of registration determines place of jurisdiction of Court.
Can a beneficiary/legatee living in the US file an Affidavit for a Probate filed in India of a Will registered in India have the Affidavit notarized by a notary in the US or does it necessarily have to be stamped by the Indian Consulate in the US ?
Asked 3 years ago
Mere notarised affidavit would not suffice
it has to be attested before Indian consulate
Probate can be granted only to the executor of the will. It is necessary if the will is for immovable assets in multiple states.
The executor of the will can file for the probate of the will in the state in which the deceased person was living at the time of death. Thus, the competent court to file probate proceedings is the district court of the city/town where the deceased lived at the time of death.
The law for probate petition is governed under the Indian succession Act, where you can find other remedies too.
The affidavit executed with two witnesses can be attested by a notary public of the country of your current residence also, there is no hard and fast rules taht your affidavit has to be attested only by an official of the Indian consulate alone,.
A notarized affidavit by beneficiary is sufficient, any attestation is not required.
But the affidavit has to be through a notarized GPA.
Dear client The executor of the will can file for the probate of the will in the state in which the deceased person was living at the time of death. Thus, the competent court to file probate proceedings is the district court of the city/town where the deceased lived at the time of death
The probate shall be based on the place where the deceased ordinarily resided or where the property of the deceased is located. Therefore, TN properties WILL has to be proved before the courts in chennai, similarly other properties in the respective courts,
Yes he can file
