Response

Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed.

The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills.

Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same.

The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.

As
per Section 2 (d) of the Act, ÒIndian ChristianÓ is a native of India
who is, or in good faith claims to be, of unmixed Asiatic descent and who
professes any form of the Christian religion.

Reference: As
per Section 2 (d) of the Act, ÒIndian ChristianÓ is a native of India
who is, or in good faith claims to be, of unmixed Asiatic descent and who
professes any form of the Christian religion. The High court of Karnataka in M.A.I. Kovoor vs. Thomas Ipe Kovoor and Ors[1]
said that all the members of the family being Indian Christians, the case is to
be covered by the provisions of the Indian Succession Act, 1925. Thus, as such, Christians
in general are governed by the Indian Succession Act of 1925 for succession
purposes.

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