Grant of probate of 'will' with a copy of the 'will'.

prabhat tapan banerjee (Querist) 19 November 2012 This query is : Resolved
Can Probate be obtained from the Court of law if the original'Will' is lost though xerox copy of the same is available ? The witnesses are agreeable to depose in this respect. The Executor of the said 'Will' is alive. Please comment.

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ajay sethi (Expert) 19 November 2012
if the will was regd produce certifed copy of will for probate

Devajyoti Barman (Expert) 19 November 2012
Yes, Probate can be applied for and granted on the basis of photocopy if the original one is lost or destroyed.

Raj Kumar Makkad (Expert) 19 November 2012
As original will is not found then secondary evidence can be lead as per law so probat can be obtained thereto.

prabhat tapan banerjee (Querist) 20 November 2012
'A'makes a 'Will' regarding his two-storey building gives the first floor and ground floor to his only son and daughter absolutely and for ever. 'A' gives the entire property to his wife for her lifetime with " full right to possess, occupy, enjoy and manage the entire property and to collect, distribute the rent and usufructs in respect of the said building". Probate had been duly obtained from the competent court of law.At present the wife and daughter are living on the first floor and the son with his family is living on the ground floor. Now the questions are:-
1) can the wife oust the said son from the house in her lifetime ?
2) can the son put a portion of the floor where he is is residing now with his family, on rent without consent of his mother i.e. the wife ?
Please comment.

M V Gupta (Expert) 21 November 2012
As regards ur first query, I would like to say that as the executor of the will is said to be alive, the question of probating the will during his lifew time does not arise. Better get the will re-executed in supersession of the lost will. Preserve the new will carefully. it is advisable to get the new will registered.
The second poser about the contenets of the will, reading the two clauses of the will quoted by you, it would appear that the vesting of the property in his son and daughter will be subject to the life interest given to wife. Hence, it would not be legally in order to the son or the daughter to let out the property. Only the mother would be entitled to let out the property and receive the rents.