Probate of a will

For Probate of a will it is required that the will is presented before the court of the district delegate court in case it is filed in kolkata . The first requirement is the will must have been signed or even thumb impression would suffice by the testator, in the presence of at least two attesting witnesses .These witnesses must have seen the testator sign and thereafter signed the will in the testator’s presence.

Section 63 of the Indian Succession Act, 1925 which deals with execution of a valid will. Section 68 of the Indian Evidence Act, 1872 provides for procedure for proving the will in a court of law. These two provisions are fundamental in proving a valid will.

Why it is necessary to provide clarity in will for grant of Probate of a will?

Understanding the subject when probate of a will is granted and it is not always necessary that a formal proof of execution is enough to validate whether a will is genuine. It is also required to be proved .

Section 89 in The Indian Succession Act, 1925 which essentially deals with Will or bequest void for uncertainty.— A Will or bequest not expressive of any definite intention is void for uncertainty.