Probate is valid under hindu law

1 year ago

I came to know if a person has filed probate in court, it's not valid because it applies only to the Christian community and there is no such probate provision filing for Hindus in Hindu law.
There are two will made by my grandmother. One is a valid will where my father's name is there and another is an illegal will made by my aunt. Due to some mistakes, my father lost the case and we appealed to the high court. Our lawyer is telling why your aunt filed the probate in the lower court because it's illegal under Hindu law and hence the case can be dismissed and can be made in your favor. Why did your previous lawyer didn't object to probate filing for my aunt and the case couldn't have been sustained for so long? So my question is whether probate is valid or not as per Hindu law.

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Anik

Responded 1 year ago

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A.Whereas a trustee becomes a legal owner of the trust and his office and the property are blended together) or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will.According to the Indian Succession Act, 1925, if a will has been made by a Hindu, Sikh, Jain, Buddhist within the territories of formerly unpartitioned Bengal, or territories falling within the jurisdiction of High Courts of Madras or Bombay, then a probate is compulsory.

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