According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant (who is an executor under the will). It is a judicial process through which the validity and authenticity of a will is determined in a court of law. In this process, the executor of the will, beneficiaries, and value of the estate are determined. Probate helps the executor to receive a certification from the court that he is duly authorized to administer the estate of the testator under the will. Even a beneficiary can be appointed as an executor under the will.
To whom Probate cannot be granted
According
to section 223[2]
of the Indian Succession Act, 1925, Probate cannot be granted to any person who
is a minor or is of unsound mind. Neither it can be granted to an association
of individuals unless it is a company which satisfies the conditions prescribed
by rules to be made by notification in the Official Gazette by the State
Government in this behalf.
[1] http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
[2] http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf