Testamentary jurisdiction

 

 

 refers to the power or authority of a court to administer the estates of deceased persons. In India, this power is exercised by various courts, including the District Courts, High Courts, and Supreme Court. The laws governing testamentary jurisdiction in India are contained in the Indian Succession Act, 1925, which provides for the distribution of property of a deceased person among his legal heirs or beneficiaries. This blog will explore the various aspects of testamentary jurisdiction in India, including the laws governing it, the courts with such jurisdiction, and the procedures involved in administering the estates of deceased persons.

Indian Succession Act, 1925

The Indian Succession Act, 1925 is the primary legislation governing testamentary jurisdiction in India. The Act provides for the distribution of property of a deceased person among his legal heirs or beneficiaries. It also lays down the procedures for administering the estates of deceased persons. The Act applies to all persons who are domiciled in India, irrespective of their religion.

The Act provides for two types of wills, namely privileged and unprivileged wills. A privileged will is a will made by a soldier, an airman, or a mariner while on active duty. Such a will is valid even if it does not comply with the formalities prescribed for an ordinary will. An unprivileged will, on the other hand, is a will made by any other person. Such a will must comply with the formalities prescribed by the Act.

The Act also provides for the appointment of an executor or administrator to administer the estate of a deceased person. An executor is a person appointed by the testator to carry out the instructions contained in his will. An administrator, on the other hand, is a person appointed by the court to administer the estate of a deceased person in the absence of a valid will.

Jurisdiction of Courts in Testamentary Matters

In India, the jurisdiction to deal with testamentary matters is vested in various courts, including the District Courts, High Courts, and Supreme Court. The jurisdiction of these courts varies depending on the value of the estate involved.

District Courts

The District Courts have jurisdiction to deal with testamentary matters where the value of the estate is less than Rs. 2,00,000. The District Courts also have jurisdiction to appoint an administrator in cases where there is no valid will.

High Courts

The High Courts have jurisdiction to deal with testamentary matters where the value of the estate is more than Rs. 2,00,000 but less than Rs. 5,00,000. The High Courts also have jurisdiction to appoint an executor or administrator in cases where there is a valid will.

Supreme Court

The Supreme Court has jurisdiction to deal with testamentary matters where the value of the estate is more than Rs. 5,00,000. The Supreme Court also has jurisdiction to entertain appeals from the orders passed by the High Courts and the District Courts in testamentary matters.

Procedure for Grant of Probate or Letters of Administration

Probate is a legal document granted by a court, which certifies that the will of a deceased person is genuine and valid. Letters of Administration, on the other hand, are granted by a court to a person to administer the estate of a deceased person in the absence of a valid will. The procedure for the grant of probate or letters of administration is governed by the Indian Succession Act, 1925 and the rules made thereunder.

The procedure for the grant of probate or letters of administration involves the following steps:

1.     Filing of Petition

The first step in the process is the filing of a petition before the appropriate court. The petition must contain all the necessary details of the deceased person, including his name, date of death, and details of his property

2.     Notice to Legal Heirs

Once the petition is filed, the court issues notices to the legal heirs of the deceased person. The legal heirs are required to file their objections, if any, to the grant of probate or letters of administration.

3.     Examination of Witnesses

The court may also examine witnesses to verify the genuineness of the will and to ensure that the deceased person was of sound mind while making the will.

4.     Grant of Probate or Letters of Administration

If the court is satisfied that the will is genuine and valid, it may grant probate to the executor named in the will. If there is no valid will, the court may grant letters of administration to the person entitled to administer the estate of the deceased person.

5.     Inventory of Assets

The executor or administrator is required to prepare an inventory of the assets of the deceased person and file it with the court.

6.     Payment of Debts and Distribution of Assets

The executor or administrator is also required to pay off the debts of the deceased person and distribute the assets of the deceased person among his legal heirs or beneficiaries as per the instructions contained in the will.

Conclusion

In conclusion, testamentary jurisdiction in India is a complex area of law that involves the distribution of the property of a deceased person among his legal heirs or beneficiaries. The laws governing testamentary jurisdiction in India are contained in the Indian Succession Act, 1925, which provides for the distribution of property of a deceased person among his legal heirs or beneficiaries. The jurisdiction to deal with testamentary matters is vested in various courts, including the District Courts, High Courts, and Supreme Court. The procedure for the grant of probate or letters of administration involves the filing of a petition, notice to legal heirs, examination of witnesses, grant of probate or letters of administration, preparation of inventory of assets, and payment of debts and distribution of assets. Overall, testamentary jurisdiction is an important aspect of Indian law, which plays a crucial role in the distribution of property of a deceased person among his legal heirs or beneficiaries.