Probate of a will

karnam bhaskaran (Querist) 11 December 2014 This query is : Resolved
A certain residential property in Chennai was willed and registered to a close relative by the testator [absolute owner] who has no children. Terms of the will-the property will be enjoyed by the wife of the testator after his death and there upon the beneficiary will be the absolute owner. Both the testator and his wife died in 2003 and March 2014 respectively. What will happen if:
1. The beneficiary files for a probate in a court of law and dies before the probate is granted
2. The beneficiary dies before filing for a probate; i.e. whether the legal heirs of the beneficiary has any right to file for a probate though the beneficiary has not applied for probate initially?

Thanks to Mr. ajay sethi and rajendra k. goyal

Reply to Point No.2 is not understood and hence elaborated point no.2

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ajay sethi (Expert) 11 December 2014
executor is appointed by testator to carry out his directors under will . on demise of testator executor approaches court for probate of will . Section 222 of The Indian Succession Act 1925 provides that the probate can be granted only to an executor.

hence legal heirs of benficiary cannot apply for probate of will