A Probate is often obtained in respect of a will. Therefore, when there is a Will, a Testamentary Petition is required to be made for obtaining Probate. Whereas, a Succession Certificate is generally obtained to ascertain the legal heirs of the deceased. In Presidency towns, such as Mumbai, Chennai and Kolkata, the application is required to be made before the High Court. In all other states, the application can be made before the District Court within the jurisdiction where the subject matter (property) is situated.
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