Indian sucession act
Leslie Almeida
(Querist) 17 January 2013
This query is : Resolved
My Mother made a will in 2004 died in 2010
Will made in Mumbai. Property also in Mumbai.Exucutor of will who is also a part beneficiary of the will is not Probating Will citing ammendement to indian sucession Act 26 of 2002 that will of Christians does not need Probate I am confused as many advocates state that wills made in Mumbai need to be probated for will to come into effect as comes in Judirition of Bombay High Court Kindly advise
Raj Kumar Makkad
(Expert) 18 January 2013
Will is required to be probated. f one of the beneficiaries is not ready to get this done, others may apply for it making him as party to the petition and let him bring the original will if he is in possession thereto.
ajay sethi
(Expert) 18 January 2013
always advisable to get probate done to avoid legal disputes at later stage .
Leslie Almeida
(Querist) 18 January 2013
As to my knowledge if the executor is named in the Will, he has to get the Will probated as it is mandatory u/s 213.also as per sec 222 Probate can be granted only to the Executor appointed under the Will The Executor fails till date to distribute the property in accordance with the provisions of the will. he has not even distributed the Jewellery which does not have a schedule as mentioned in Will to the beneficiaries
many parts of the will are void as per S89
of IS Act,in above circumstances
My question is does Will made in Mumbai need to be compulsory Probated
and if Executor does not do so what are the remedies ?
Raj Kumar Makkad
(Expert) 18 January 2013
If executor has become fails to perform his duty then one cannot sit idle waiting the action of the executor for ages to ages. Serve a legal notice and then file a civil suit as already advised. law of natural justice shall always complied with by the courts.
prabhakar singh
(Expert) 18 January 2013
Call upon the executor in writing to apply for probate and on his non response apply yourself for a letter of administration with allegation that executor is reluctant to discharge his duty which amounts to
renouncing.the rest shall be done by court after notice to him.
Leslie Almeida
(Querist) 19 January 2013
Executor not Probating the will as he has to Pay Rs 75000 + lawyers fees, if i apply for letter of administration will Court grant same ( like i will be the executor ) and will i have to Pay Rs 75000
prabhakar singh
(Expert) 19 January 2013
THEN ASK HIM TO GIVE IN WRITING THAT HE HAS RENOUNCED AS EXECUTOR OF WILL DATED SO AND SO
,GET THE SAME NOTARIZED AND THEN APPLY FOR LoA,BUT STILL MAKE HIM PARTY AS THE COURT SHALL CONFIRM THE RENOUNCEMENT BEFORE GRANT OF LoA.
Leslie Almeida
(Querist) 19 January 2013
if Executor fails to Probate will under with section can i file a civil suit as per expert raj kumar
makkad advise
Raj Kumar Makkad
(Expert) 19 January 2013
Yes. You can very well file this suit as already advised to you.
