How to file Probate Case in Sealdah Court? you will be answered adequately kindly follow the steps. Section 2 (f) of the Indian Succession Act, 1925 defines Probate as “probate” means the copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator;
Probate case is first filed in Delegate court in Sealdah.
These are the requirements for filing a probate case in Kolkata .
- A Probate petition has to be prepared (Drafted )by your lawyer
- Copy of death certificate of testator
- Copy of Aadhar card of attesting witness
- Original Will
These are the documents that you require at the time of filing.
What is the next step after filing the probate case?
Once the court is satisfied with the proper filing , Notice is likely to be issued to all the other legal heirs who have been mentioned in the Probate case.
Court will verify if notices have been served to all concerned parties and once that is done and there’s no objection from anyone court will direct the Petitioner to Publish in the Newspaper.
Newspaper Publication in Probate case in Sealdah Court
Usually the newspaper preferred is Aajkaal wherein the Petitioner publishes the matter and if anyone is interested in filing objections may do so within so and so time. If there is any objection from any legal heir the matter will be made contentious.
What happens after a legal heir files objection in probate case in Sealdah?
If anyone files objection in Probate case, the district delegate court which is the court of the Civil Judge (Sr Division) Sealdah the Petitioner will have the liberty to take back the probate case and file it in the court of the competent court of jurisdiction.
The Ld District Delegate normally pass orders which are as follows –
“that the Probate application filed by the applicant is returned with a direction to file in appropriate Court having jurisdiction to decide contested probate application. The case is disposed of from my file accordingly. Office to do the needful.”
Petitioner files Original Suit in Probate case after anyone objects?
Now it is the responsibility of the Petitioner to takes back the file from the court of the Ld District Delegate and file an Original Suit (O.S)before the court of the Additional District Judge wherein the case will proceed . Notice will thereafter be issued to the Respondent who was the Objector in the previous probate case. This is just a continuation of the first filed probate case however it continues in the court of competent jurisdiction for final disposal.
What is the role of attesting witness in a probate case?
Out of the two attesting witnesses atleast one witness should depose before the court to prove the will. The role of witness is crucial to prove a will.
When both the attesting witnesses are not alive ?
The Hon’ble Supreme Court in V. Kalyanaswamy (D) by LRs vs. L. Bakthavatsalam (D) by LRs, Civil Appeal Nos. 1021-1026/2013, order dated 17th July, 2020.
Section 69 of the Indian evidence Act lays down attestation must be by one of the witnesses in his own handwriting .
Section 68 of the Indian Evidence Act, 1872 (‘the Evidence Act’) when and if one of the attesting witness is alive and capable of giving evidence, and must be examined in Court and he must testify that he has attested as such.
Application for Opinion of Handwriting Experts
i) Section 39 BSA (Bharatiya Sakshya Adhiniyam) 2023 replaced by erstwhile Section 45 of the Indian Evidence Act, 1872 (IEA)
ii) Order 26 Rule 10A for appointment of handwriting expert.
When will is unregistered in probate case?
Once it becomes contentious in a case where the will is unregistered the burden is more on the petitioner .
Conclusion for Probate Case in Sealdah Court?
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