A will has to be filed in district Court for transfer of property to persons named in the will. This process is called probating of the will. After filing of the will, the Court will issue notices to all the family members and hear objections if any they have against the will. After that appoint an executor of the Court for execution of will who will transfer and register the property mentioned in the will in favor of beneficiaries of the will. Unless will is probated it is of no use. You have to file the original will in the court and give the names and addresses of all the legal heirs and persons interested. There is fixed fee for probate proceeding which not very high. But you have to bear the expenses of lawyer which  vary from lawyer to lawyer. It will take 3 months for probating will.   

Probate is to be filed in the District Court where the subject matter of will is situated. It is 

Pondicherry in this case. 

It can be filed in Pondicherry where he had property or in banglore where he died 

In fact there is no necessity to get the Will probated to enforce the Will.

The beneficiary can apply for mutation or transfer of revenue records of the property before the jurisdictional Tehsildar office in Pondy. 

If you still insist on getting the Will probated, you may have to approach the district court located in Pondicherry. 

Dear client,

As the flat is in Pondicherry, the will has to be probated in the district court of Pondicherry. 

If you like this response, then please rate us. Thank you

the probate petition has to be filed in the District Court of Pondicherry as your brother was living there and had a flat there

section 270 of Indian Succession Act applies: (please read only the portion in bold)

Probate of the Will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge.

I am not aware of any separate state law by Pondicherry 

in absence of any specific state act, the central act will obviously apply which extends to entire India

The court where the property is situated will be proper court

- As per law,  the petition should be filed on the place where the property is situated , hence Pondicherry . 

- However as the testator has died in Bangalore , then this petition can be filed in Bangalore as well. 

- Yes,

It will be accepted by authorities for transfer of flat in Pondicherry 

application for probate can be filed where property is situated or where the flat owner dies 

If there are more than one property that has been bequeathed in the Will, and if one of the properties is lying within the jurisdiction of Bangalore, then  a petition can be filed before court competent in Bangalore seeking grant of probate. 

If the property mentioned in the Will is located in Pondicherry alone, then you have no option than to file a Probate OP at District court in Pondicherry.

Please be aware that the above answers are given  to your subsequent question only and not to contradict with my original answer.

Obtaining probate is not necessary in any city across India except three cities i.e., Madras, Bombay and Calcutta, which are called as presidency towns, where it is mandatory to obtain probate for the Will. 

hence do not read between the lines and conclude hastily/urgently without applying your mind or by misinterpreting the concept.  

First of all the court at Bangalore will not entertain any application seeking grant of probate at Bangalore court if the proeprty mentioned in the Will is not located in Bangalore, even though you may apply for probate under a misguidance by someone with intentions malafide. 

By your logic if your brother had made a Will out of India, then such Will would have to be probated only in a court in that country!

That is not what the law says 

The Will of a deceased can be proved only in that court which has jurisdiction over the place where the deceased resided or had any property 

So your follow up question does not make any sense. The court in Bangalore will in the first place not have any jurisdiction to entertain a petition for probate in respect of your brother's Will. If that court itself lacks jurisdiction then there is no question that the registration department in Pondicherry should accept that judgment for purpose of transfer of the property. 

If you want to know details regarding any local law of Pondicherry which is at variance with the general law under Indian succession act which is applicable to the whole of India, then you will have to contact a local lawyer in Pondicherry to ascertain whether there is any such local Law. 

To my knowledge there is also no law in the state of Bangalore which says that if a Will is made by a person in that state then the district court of that state would have the jurisdiction to entertain a probate petition for proving that Will 

Dear sir,

As the application for probate can be filed where the property is situated or where the owner dies,It will be accepted by the authorities .

Thank you

Yes if it's from the court of appropriate jurisdiction then it will accept. You need to check whether banglore court has jurisdiction

It is mandatory only in Bombay , Calcutta and madras 

if however there is dispute between legal heirs  you will have to apply for probate of will 

it is always advisable to apply for probate of will to avoid legal complications later 

Instead of discussing your actual problem if you keep asking about a general issue,  you are tend to get to get confused by various answers you will get from public forum like this. 

Thus it would be better you consult an experienced lawyer either in the local or from this forum,  discuss your problems at length and proceed as suggested. 

You have been informed about the law involved in this,  if you still do not want believe you may have to better go through the law book pertaining to the subject. 

It is correct 

Basically,  the probate of Will is not an essential requirement to enforce the bequest made in the Will provided the legal heirs of deceased who are not the beneficiaries, do not have any objection to the Will. 

Thus the requirement to obtain grant of probate of Will shall arise only in the circumstances where the Will is challenged. 

However if the property is situated in any three Presidency cities namely,  Madra, Bombay and Calcutta,  it is mandatory to obtain probate in those cities alone. 

Probate is compulsory for Wills made by Hindus in towns of Calcutta madras and Bombay as per s.57 read with section 213 of Indian succession act

But even for Wills made elsewhere there is still insistence for obtaining probate 

If not probate then a declaratory suit from court that the Will is the last and genuine Will of the deceased 

Take an example -

If there is an amount lying in a bank which is bequeathed under the Will to you 

If you show the registered Will to the bank and claim that amount the bank will shoo you away and ask you to obtain a probate from court despite probate not being compulsory 

So even if probate may not be compulsory in your case, it is still insisted as people find comfort seeing the court's sanction to the Will in the form of probate 

If you want to remain confused despite the clear provisions explained in the replies then nothing can be done 

Wish you luck 

- A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.

- But, if there is not dispute then the probate is not mandatory , however for transferring the property or getting mutation is needed. 

Yes it's compulsory for the same. But it's always advisable to do the probate for further good title of the same

Dear Sir,

The probate of a will is mandatory in  Bombay, Madras, and Calcutta. Also, the probate of the will is not mandatory, it is advisable to obtain probate in cases where there is a probability of the validity of the will being challenged on any grounds in the future. Kindly contact your local lawyer for better help.

Thank You.