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Probate

/ˈproʊbeɪt/

Succession Law Term

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Definition

A court certificate that a Will is the valid last testament of the testator, and that the executor named in the Will has been duly appointed and has authority to deal with the estate. Issued under Sections 264–267 of the Indian Succession Act, 1925. Probate is mandatory for Wills made by Hindus, Buddhists, Sikhs, and Jains in the cities of Calcutta, Chennai, and Mumbai — and by any person whose Will includes immovable property in these areas.

Examples

A person who inherits property under a Will in Mumbai must obtain probate from the High Court before they can legally transfer or sell the inherited property.

Without probate, the executor named in a Will has no legal authority to administer the estate or execute the testator's wishes — banks and registrars will not act on the Will alone.

Case Study

In Chiranjilal Shrilal Goenka v. Jasjit Singh (1993), the Supreme Court held that a probate is conclusive as to the genuineness of the Will — once granted, no party can challenge the validity of the Will in civil proceedings. The probate binds all parties who were served in the probate proceedings.

Key Cases

Chiranjilal Shrilal Goenka v. Jasjit Singh

1993

(1993) 2 SCC 507

Probate is conclusive as to the genuineness and validity of a Will. No challenge to the Will's validity is maintainable in civil court after probate is granted. Binding on all parties served in probate proceedings.

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Also Known As

grant of probate

Synonyms

will probategrant of probatetestamentary court order

Antonyms / Opposites

intestate successiondisputed Will

Related Terms

Indian Succession Act 1925Willexecutorletters of administrationtestatorintestacy

Dictionary Entry

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