Will & Estate Lawyer in Kolkata

Wills, probate, succession certificates and estate disputes in Kolkata

Questions about wills and estates in Kolkata usually come up at two points. Some people want to plan ahead: a retired couple wants to leave their flat to one child and savings to another, a business owner wants to settle the family firm, or someone living abroad owns a house in the city. Others come after a death in the family, when they need to transfer a flat, close bank accounts, claim shares or settle disagreements between heirs. A will found among old papers, or one challenged by a relative, often leads to disputes.

Wills are governed by the Indian Succession Act, 1925. A will must be in writing, signed by the testator and attested by at least two witnesses who see the testator sign. Registering a will is optional, though registration helps prove that it existed. Where there is no will, Hindus, Sikhs, Jains and Buddhists inherit under the Hindu Succession Act, 1956, which also gives daughters equal rights as coparceners. Muslims are governed by Muslim personal law, under which a person can generally bequeath only up to one-third of the estate by will without the heirs' consent, while Christians and Parsis follow the Indian Succession Act.

Kolkata has a special rule. Under Section 57 of the Indian Succession Act, probate is compulsory for wills made by Hindus, Buddhists, Sikhs and Jains where the will was made in, or concerns immovable property in, the original civil jurisdiction of the Bombay, Calcutta and Madras High Courts. Because Kolkata falls within the Calcutta High Court's original civil jurisdiction, an executor cannot establish rights under such a will in court without probate. Banks, housing societies and buyers in the city therefore routinely ask for probate before acting on a will.

Where these matters are heard in Kolkata

Probate and letters of administration for estates within Kolkata are generally granted by the Calcutta High Court exercising its testamentary jurisdiction on the Original Side, or by the District Judge with jurisdiction, depending on where the property lies and the applicable rules. For properties in South 24 Parganas, the District Judge at Alipore may be the proper court. Succession certificates under Section 372 of the Indian Succession Act, used to collect debts and securities such as bank deposits and shares, are issued by the District Judge, and your advocate will confirm the correct court for the estate.

If anyone objects by filing a caveat, the probate petition becomes a contested suit and proceeds like a civil trial, with evidence from attesting witnesses. Appeals from orders of the District Judge lie to the Calcutta High Court, and appeals from a single judge of the High Court go to a Division Bench. Disputes about the partition or management of the estate itself are heard by the civil courts.

How a will matter usually moves in Kolkata

1. Make or locate the will
   If you are planning, draft a clear will naming the executor and listing assets, and sign it before two witnesses. After a death, locate the original will, the death certificate and the list of assets and heirs. Store the original safely and tell the executor where it is kept.
2. Decide whether probate is required
   For a Hindu, Buddhist, Sikh or Jain testator whose will was made in Kolkata or concerns property within the city, probate is compulsory. For others, it may still be needed in practice by banks, societies and buyers.
3. File the probate petition
   The executor files a petition with the original will, death certificate, a schedule of assets and their value, and the details of legal heirs. Court fee is payable on the value of the estate under the applicable law. A list of assets with approximate values should be prepared carefully, since it affects court fee.
4. Citations to heirs and publication
   The court issues notices, called citations, to the legal heirs and may direct publication in a newspaper. This gives anyone with an objection a chance to come forward. Heirs who consent can file their no-objection, which can make the process smoother.
5. Proof of the will
   If no one objects, an attesting witness usually proves the will by affidavit and the court grants probate. If a caveat is filed, the matter is tried as a contested suit.
6. Transfer and distribution
   With probate granted, the executor collects the assets, pays debts and transfers property to the beneficiaries. Mutation in municipal and land records and transfer of bank accounts and shares follow. The executor should keep accounts of all money received and paid.

Kolkata: local points to know

• Because Kolkata lies within the original civil jurisdiction of the Calcutta High Court, probate is compulsory under Section 57 of the Indian Succession Act for wills of Hindus, Buddhists, Sikhs and Jains made in or concerning property in the city.
• The Calcutta High Court has a long-established testamentary jurisdiction on its Original Side, and many probate petitions for city properties are filed there.
• Properties in South 24 Parganas and other districts around Kolkata may fall outside the High Court's original civil jurisdiction, so whether probate is compulsory depends on where the will was made and where the property lies.
• Older family wills in Kolkata are often written in Bengali, and a certified English translation is usually filed with the probate petition.
• Housing societies, banks and the Kolkata Municipal Corporation commonly ask for probate or a succession certificate before transferring property or accounts after a death.

Choosing and working with an advocate

Choose an advocate who regularly handles testamentary matters on the Original Side of the Calcutta High Court or before the District Judge, and who can also draft clear wills for those planning ahead. Ask for the advocate's enrolment number and confirm it with the Bar Council of West Bengal. Ask how they will handle citations, publication and proof of the will, and what happens if a relative objects.

Agree the fee and scope in writing, separating the professional fee from court fees and publication costs, and get receipts for every payment. Fees depend on the advocate and the size and nature of the estate. Mara Vakil helps you find enrolled advocates and book a free consultation; it charges clients nothing to find or consult advocates, is not a law firm and does not give legal advice.

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Questions people ask about will matters in Kolkata

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This page gives general information about the law in Kolkata, West Bengal. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.