Is Probate of a will necessary for Christians?


“Property rights of Christians belonging to India is ruled by the Indian Succession Act. The Christian law of succession and inheritance is the identical for guys and women. A individual’s assets is considered as self-acquired regardless of the mode of acquisition and at some stage in one’s lifetime, no one else can contest for it. The individual who owns the assets can deliver it to anybody he wishes. He can present it, transfer it and might even make a will over the assets.

If the individual makes a will over the assets then the assets will move as according to the need. Will is a legal declaration of the aim of a testator in regard to his assets, each movable and immovable. Probate is a report issued under the seal and signature of a Court officer , certifying that a specific Will becomes proved, with a replica of the will annexed.

The Supreme Court has currently held that petition for probate or letters of administration of the Will of a testator need to be filed less than 3 years from the date of demise of the testator. No probate is vital for Christian and Muslim Wills. Section 213 of the Indian Succession Act,1925 got ammended and the phrase “Indian Christians” has beenadded. Thus, you do now no longer want a probate of the need, you may claim the assets on the basis of the will itself.”

Reference: Transfer Of Property Act,1882 , Registration Act,1908 and Indian Succession Act,1925 – – AHG149 – 202100580 – 73 – 154- 2021001192021004315116


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