Rights of executor named in a will.
Ramesh
(Querist) 11 April 2012
This query is : Resolved
Dear Experts of the Forum,
1) Is it necessary that an Executor (named in a WILL) in a WILL have tp take a GPA, to represent the legatees in revenue courts, civil courts and other organisations of Government.
2) Is it necessary to Probate the WILL in Andhra Pradesh state. I was told probation of WILL is not mandatory in Sate of ANDHRA PRADESH(please correct me,if what i heard is wrong)!
If yes, what will be the fees?
Is there any maximum limit is for (fixed) fees?
Thanking YOU ALL, expecting FULL reply to the ALL the points raised by me.
ajay sethi
(Expert) 11 April 2012
if you have a will obtain probate . it is advisable if there are number of immoveable properties bequeathed by will
maximum court fees at least in mumbai is rs 75000.
plus legal fees and out of pocket expenses .
we do not know court fees payable in AP . contact a local lawyer
Sankaranarayanan
(Expert) 11 April 2012
as a whole probate the will is always advisable , any how consult the local lawyer and follow accordingly
Ramesh
(Querist) 11 April 2012
Dear Friends,
Thank you for you quick response.
But only 2nd part of the question is only answered.My 1st part of question is not answered. To represent some aspects in regards to WILL,in different forums can i go head and sign the petitions on behalf of Legatees, without GPA (did the EXECUTOR have right to deal)!?
Deepak Nair
(Expert) 11 April 2012
I don't know about the AP legal status.
But, it is advisable to probate the will even if it is not mandatory as the same would save yourself from unnecessary hurdles.
Other queries are rightly explained by Mr.Sethi.
Get professional services of a lawyer.
prabhakar singh
(Expert) 11 April 2012
1) Is it necessary that an Executor (named in a WILL) in a WILL have tp take a GPA, to represent the legatees in revenue courts, civil courts and other organisations of Government.
The optional duty of an Executor appointed under a WILL is to move for probate none else.Any GPA is undesired and of no value in such circumstances where WILL IS NOT sought probated.
2) Is it necessary to Probate the WILL in Andhra Pradesh state. I was told probation of WILL is not mandatory in Sate of ANDHRA PRADESH(please correct me,if what i heard is wrong)!
True probate is necessary only in Metropolitan cities like Mumbai Kolkata and Chennai only.But once a will is probated it gets admitted as proved one in any litigation against whole world as an judgement in rem is its' big privilege.
Ramesh
(Querist) 13 April 2012
Dear Friends,
Thank YOU ALL, for the reply.
But,some one from AP will answer me? As advised by prabhakar singh ji, for probating the WILL what will be the fees(maximum?), as property is in crores.
More over i have submitted the original WILL to the civil court in a partition suit.Is it possible to ask the court for probation of the same?
Some one from Andhra Pradesh state or any one who have idea about this matter, kindly answer me, PLEASE.
M V Gupta
(Expert) 17 April 2012
As per the provisions of the Tamilnadu and Kerala Court fee Acts advelorem fee is payable on the value of the property involved in the will. We do not have readily the AP Court fee Act. It may also prescribe advelorem fee.Pl check.You cannot ask for probate of the will in the partition suit.
