Distribution of property often leads to dispute and it is most sensitive issue that comes up after the passing of a loved one. To avoid such situation many people, write a Will to make sure that their wishes are granted. But even after that sometimes disputes arise, especially when family members disagree or are not satisfied with the content of the Will and they start to question the authenticity of will, if the will was genuine or properly executed.

In a recent case the Hon’ble Hight Court of Jharkhand made a very important observation: the court said that once a probate has been granted (court has officially approved the Will), along with the copy of Will, it becomes the conclusive proof that the Will is genuine and is validly executed. In other words, once the probate is issued by the court, you cannot question its authenticity again and again- unless you are challenging the probate under very specific circumstances.

What court said?

The case involved a dispute where one party questioned the authenticity of the Will, but probate had already been issued by the court. The High Court stepped in and clarified that:

• Probate is a judgement and it means that it is binding to the parties in the case and to the whole world.
• A will execution cannot be questioned again and again and it cannot be re-examined in other legal proceedings once the probate is granted.
• The copy of the Will that is attached to the probate order proves the validity of the Will.
• The hon’ble Hight court made it very clear that the people cannot keep on reopening the disputed related to execution of Will once the probate is granted.

Let’s understand…

Probate and why does it matter?

Probate is a legal process through which a Will gets its validity by Court, and estate of the testator administered and distributed. It is an important seal of approval from the court which says:

• That the will is genuine and authentic.
• That the testator was of legal age and sound mind at the time of making of the Will.
• That the will was executed properly without and suspicion.

The court grants probate to the person appointed by the testator to carry out his wishes (executor). Once the probate is granted it becomes the license for the executor to manage the estate of the testator and distribution of his property as per the Will.

In few cities probate is mandatory but in other parts it is not mandatory but still many people choose to obtain probate to avoid any legal disputes in future and to prove the authenticity of the Will.

Importance

Probate is important because:

• It gives certainty for families, families will feel secure after knowing that their rights will not be challenged endlessly in the court of law and now, they can peacefully enjoy their respective rights.
• It provides authority to the executors to perform their duties; they become confident after knowing that court has certified their authority.
• It helps families and beneficiaries in avoiding unnecessary and multiple disputes and challenges about the same will. Once the probate is granted a Will cannot be challenged.
• It provides fairness to the parties, if someone feels or doubts that probate was wrongly granted, the law provides a specific remedy: applying for revocation of probate under Section 263 of the Indian Succession Act, 1925. But it is also very important to respect the probate order.

What the Law Says about Probate?

Section 2(f) of the Indian Succession Act, 1925 define probate as 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.

Section 263 of the Indian Succession Act, 1925 gives grounds for revocation (Probate can only be revoked on limited grounds like fraud or suppression of facts).

The Supreme Court has also repeatedly held that once probate is granted, the Will’s validity cannot be questioned again in collateral proceedings.

A Word of Caution for Heirs and Beneficiaries

Probate gives finality to the execution of a Will; heirs and beneficiaries should remember one thing that the probate only proves that the Will was free from any fraud and was validly executed it does not decide the ownership of the property. Only genuine ownership of the property can be transferred through a will, if property mentioned in the will belongs to some other person they can pursue their rights separately. Families and beneficiaries should not get confused as Probate only proves the validity of a Will it does not validates the titles mentioned in the Will.

Conclusion:

Probate becomes conclusive proof of Will and its valid execution when it is attached along with a copy of Will, Probate helps in avoiding unnecessary legal disputes, it protects the rights of the beneficiaries, and gives executors the legal strength to fulfil their duties. Probate is not mandatory everywhere but it safeguards the rights of the beneficiaries and also helps in granting the wishes of the testator. It provides peace of mind to the families, as once the probate is granted, the Will proved legally valid.