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When Probate Not Necessary

  1. In the case of Will of Hindus, Jainas, Sikhs and Buddhists made prior to 1 September 1870.
  2. Although, it is not obligatory to obtain probate of the Will of Hindu in any local area beyond the towns of Calcutta, Madras and Bombay, a district judge may grant probate of such will under S. 264.
  3. No probate of the Will of a Muhammadan is necessary. Executors of the Will of a Muhammadan can sell and convey the testator’s property without obtaining probate or obtaining the consent of the heirs. The will may be tendered in evidence and proved in any proceeding without probate.
  4. No probate is necessary in case of Wills of Khojas.
  5. No probate is necessary for a person claiming an appointment as guardian under a Will.
  6. No probate is necessary where the assets do not exceed Rs.2,00. Certificate of the Administrator-General under S. 31 of the Administrator-General’s Act 3 of 1913 is sufficient.
  7. No probate is necessary in the case of Wills made by Hindus of the Punjab, relating to immovable property situated in the Punjab.
  8. No probate is necessary in the case of Wills made by a Parsi, except in the case of such Wills as are specified in sub-s. (2) (ii) if S. 213.
  9. Christians in Kerala do not require to get the Will probated, b y virtue of State Amendment Act 1 of 1997. The provisions do not, however, bar a legatee to get a Will probated, if he desires.
  10. Obtaining probate or letters of administration in cases of Wills executed by Hindus in Andhra Pradesh is not necessary.