Execution of a will

Advocaterbl (Querist) 04 July 2013 This query is : Resolved
Dear Sir/Madam,

The executor of the will is refusing to execute and is also refusing to sign the relinquishment. Meanwhile, the movable properties in the will have been used. What should be done now? Can the will be discredited?

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ajay sethi (Expert) 04 July 2013
the beneficiaries of the will can make application for letters of adminstration if executor s refusing to act . contact a local lawyer

Advocaterbl (Querist) 04 July 2013
Thank you sir. Can the will be discredited as part of the subject matter is no longer in existence?

Advocaterbl (Querist) 04 July 2013
And is there any limitation period to go to the court for appointment of administrator?

Raj Kumar Makkad (Expert) 04 July 2013
A period of 3 years is provided to approach for the letter of administration. A will cannot be discredited.

Rajendra K Goyal (Expert) 04 July 2013
Agree with the experts raj kumar makkad ji and Ajay Sethi ji.

R.K Nanda (Expert) 04 July 2013
agree with expert Sethi.

Guest (Expert) 04 July 2013
Do as directed.

prabhakar singh (Expert) 04 July 2013
All of first a notice should be served upon
the executor(s)to act within a time and when he does not respond a LOA can be applied for.
The Court shall decline to grant LOA unless it is satisfied that executor(s) have renounced otherwise court shall issue citation to executors(see S.229 of ISA 1925)

Advocaterbl (Querist) 06 July 2013
Thank you.

Raj Kumar Makkad (Expert) 06 July 2013
Most welcome from your side author.

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