Probate of a will
SRINIVASA
(Querist) 09 November 2011
This query is : Resolved
Sir,
A has been appointed as the executor of a will his wife and other 6 members are the beneficiaries.
The executor has not officially served copy of the will to the beneficiaries and is insisting the beneficiaries to give a No objection letter from each of the beneficiary regarding the will and has not probated the will even after 5 years and is also not ready to pass on any information to the beneficiaries.
What is the course of action to be taken against the executor.
Thanking you in advance
Yours
Srinvasa
Devajyoti Barman
(Expert) 09 November 2011
Any of the beneficiary can apply for probate if at least he has photo copy of the same on the ground of inaction of the testator.
Raj Kumar Makkad
(Expert) 09 November 2011
In addition to the reply of Barman, you can also issue a legal notice to such executor and may demand the copy of will and to get it probated and on his failure to do so, may also file a civil suit against him.
prabhakar singh
(Expert) 09 November 2011
I DISAGREE WITH OPINIONS EXPRESSED.
WHEN ANY EXECUTOR APPOINTED BY THE TESTATOR
OF A WILL NEGLECTS TO ACT THEN BENEFICIARIES
CAN SEEK A FOR ONLY A LETTER OF ADMINISTRATION FROM THE COURT BECAUSE IN LAW
A PROBATE CAN BE GRANTED ONLY TO AN EXECUTOR APPOINTED IN THE WILL.
prabhakar singh
(Expert) 09 November 2011
I DISAGREE WITH OPINIONS EXPRESSED.
WHEN ANY EXECUTOR APPOINTED BY THE TESTATOR
OF A WILL NEGLECTS TO ACT THEN BENEFICIARIES
CAN SEEK FOR ONLY A LETTER OF ADMINISTRATION FROM THE COURT BECAUSE IN LAW A PROBATE CAN BE GRANTED ONLY TO AN EXECUTOR APPOINTED IN THE WILL.
SRINIVASA
(Querist) 10 November 2011
Thanks for the reply.
Kindly let me know the procedure for getting a letter of administration from the court and what are its implications as far as the role of executor and beneficiaries.
Thanking you once again
Srinvasa
Jai Karan Nagwan
(Expert) 10 November 2011
In the present situation letter of administration can not be granted to the beneficiary untill unless citation issued to the executor and his acceptance, refusal as to executorship is obtained, However section 231 is very important in the situation. Please contact to lawyer for proper guidence, because untill complete facts are disclosed will not be any perfect opinion.
M V Gupta
(Expert) 10 November 2011
As the executor appointed by the will has neither accepted or renpounced the executorship even after five years from thedate of the will, any of the benificiaries may apply to the court for grant of letters of Administration.(see Sec.231 of the Indian Succession Act). For this first you should issue a notice through to executor demanding for a copy of the will as it is necesary to submi the copy of the will along with application for grant of LA. If he refuses to supply the copy you may summon the same through the court.
