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Under Indian law probate of the will is not mandatory. But obtaining the probate of a will is advisable to avoid future complications on the distribution of property. If the will is probate then the legal heir can easily obtain the property ownership.
The legal heirs have to be made party in the matter. As evidence, the death certificate and a copy of the will has to be produced along with the petition for probate of will.
The beneficiary named as per his wish has to apply for probate under section 222 of the Indian Succession Act. The legal heirs have to be made party in the matter. As evidence, the death certificate and a copy of the will has to be produced along with the petition for probate of will.
They should make enquiries with the testator's family and friends, their professional advisors (such as solicitors and accountants), and their banks and consider a Will Search with Certainty the National Will Register.
A Will is a legal document that records what should happen to your property after your death, along with any other wishes. Probate is a legal process that gives a person, or a group of people, the authority to deal with a deceased person's assets. Therefore, both a Will and probate relate to the matter of death.