A Study On Probate And Its Filing Procedure With Reference To Indian Succession Act, 1925
- IJLLR Journal
- Jun 18
- 2 min read
Updated: Jun 19
Kiruthiga Devi. S, LLM, School of Excellence in Law, The TN Dr. Ambedkar Law University, Chennai
Dr. P. Brinda, Associate Professor, School of Excellence in Law, The TN Dr. Ambedkar Law University, Chennai
ABSTRACT
Probate is a crucial legal procedure that grants the designated executor official authority to manage the estate and court recognition of the deceased person's will. It acts as a crucial instrument to guarantee that the assets of the deceased are distributed in line with their testamentary intentions. In India, probate is governed by a comprehensive legal framework laid down primarily under the Indian Succession Act, 1925, supplemented by procedural rules of the Civil Procedure Code, 1908, and High Court Rules, particularly in metropolitan jurisdictions such as Mumbai, Kolkata, and Chennai. This research paper undertakes a doctrinal analysis of the probate process, focusing on its legal basis, institutional structures, and practical implementation. It looks at the reach and relevance of Part IX of the Indian Succession Act, 1925, which focuses on letters of administration, probate, and estate administration. The study also analyses relevant provisions, including Sections 217–370, with special reference to Sections 264 to 289, which detail the jurisdiction of courts, procedures for filing probate petitions, caveats, notice requirements, grant of probate, and revocation mechanisms. The function and duties of executors, the standards of proof required by Sections 63 of the Indian Succession Act and 68 of the Indian Evidence Act, 1872, and the judicial interpretation of terms like testamentary capacity, undue influence, and due execution of wills are also examined in this paper.
Keywords: Probate, Indian Succession Act, 1925, Grant of Probate, Probate petition, Judicial Interpretation, testamentary succession, legal validity of Will.
