probate

Naresh Kudal (Querist) 01 April 2011 This query is : Resolved
one of my client is adopted son of deceased. adoption deed not executed but before death his father executed unregistered will in favor of my client and appointed an executor for the same. In this case probate is necessary but executor is about 75 years old and he is not capable to execute the will. He is ready to handover the original copy of will to my client. In this case what should be pleaded in application for probate by my client? Can anyone give me the performa of probate application for such case? Should executor be added in application as non-applicant? There are total 5 beneficiaries in the will.

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barun deka (Expert) 01 April 2011
you can now apply for letters of administration instead of probate because Section 232(b)of the indian succession act letters of administration can be issued in place of probate if the executor appointed is unable or unwilling to dispense his duties

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