Necessity of probate
SOUMYA KANTI SUPAKAR
(Querist) 16 September 2012
This query is : Resolved
I have a query about a will which is not placed for probate.
Mr.X had made a will in the name of Mrs.Y (one of his six married daughters and one married son).He also gave a power of attorney to Mrs.Y.After that he died away leaving his own widow wife and one widow son's wife.
now Mrs.Y forcefully captured the property and took care of Mr.X's widow wife(Y's mother)but deprived Mr.X's son's wife(Y's brother's wife) from even home and out.Mrs.Y did probated the will till now. she has only the succession certificate.Now,Mr.X's other married daughters are opposing and giving objection to Mrs.Y's evil activities challenging the validity of the will and complaining for breach of trust that Y made which were committed in the will. Is the allegation of other daughters are right or not?????? If Mrs.Y now goes for probate what kind of documents she needs to produce.
Devajyoti Barman
(Expert) 16 September 2012
The probate is applied for on the basis of Will only.
Once it is dine , the notice is to be sent to the class-I heirs who will be entitled to challenge the case which is a possibility on this case.
Tl that is adjudicated apply for Receiver of the suit property so no one exclusively enjoy all the fruits out of it.
J K Agrawal
(Expert) 17 September 2012
Requirement of probate depends where the will was executed?
Wills are always under dispute if they are not balanced and justifiable.
I do not know any way by which you can justify an unjustice.
By way of probate or by any way one can get a certificate of Justice but it does not provide Justice.
