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NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Tools for Estate Planning

Caselet: Mr. Sanjay Mehta dies leaving a valid Will naming his friend Arun as executor and his wife as sole legatee of a flat in Mumbai. The Will is challenged by a cousin. Which statement is most accurate about probate?

Probate is a court-certified copy of the Will that confirms the executor's authority and the Will's genuineness. It is generally mandatory for Wills made in the presidency towns like Mumbai, Chennai and Kolkata. It does not make the executor owner and cannot be granted without a Will.

  1. AProbate is a court-certified copy of the Will that confirms the executor's authority; it is mandatory only in certain jurisdictions such as Mumbai, Chennai and Kolkata for Wills made there, and it settles genuineness against challengesCorrect
  2. BProbate is never needed anywhere in India
  3. CProbate can be granted to a legatee without any Will
  4. DProbate transfers the flat to the executor as his own property

Explanation

Probate is the court's certificate of a Will's validity, granted to the executor. For Wills made within the original jurisdictions of the presidency towns (Mumbai, Chennai, Kolkata), it is generally required to establish rights over property there. It conclusively proves the Will's genuineness against challenges. It does not make the executor the owner.

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