Probate
Querist :
Anonymous
(Querist) 10 July 2011
This query is : Resolved
A and B are father and mother of X and Y.
B expired and B kept her property to husband A by a WILL. After A is also expired at X's residence keeping the same property only on the name of X by his WILL.
X has refuse to give copy of will and death certificate of A to Y ( Y stays in different city and came to know A's sad demise only after the incedent)
Now X has applied for PROBATE in the court of law.Both X and Y are the only legal heirs.
My main query to all the esteem experts is "Does the court issue the PROBATE directly,without giving a copy of WILL to Y and without giving chance to Y for his consent or objection on A's WILL itself.
(Y sincerly feel that there is foul play somewhere regarding A's death and his WILL.But that is another issue altogather)
adv. rajeev ( rajoo )
(Expert) 10 July 2011
First it is to be looked in to whether the properties are self acquired properties of B? If the properties given to A by his wife are self acquired properties then A had a right to execute the will in the name of any body.
If X is not ready to give copy of will and death certificate to Y, then let her/him to appear before the court, form there she/he can get the copy of the will. Death certificate copy she/he can get from Registrar of Birth and Deaths.
Querist :
Anonymous
(Querist) 10 July 2011
Even if I assume that the property of B was self acqired then also my principle query is "Does the court issue a PROBATE without letting know Y (other legal heir)about this issue.
What,If Y has strong objection on authentic status of the said WILL,what should Y do to prevent court to issue the PROBATE before the PROBATE order is prepared.?????How much time is given to Y to explain his saying before the Court?
prabhakar singh
(Expert) 10 July 2011
Does the court issue a PROBATE without letting know Y (other legal heir)about this issue.?????
ANSWER: NO! A COURT BEFORE GRANTING PROBATE ISSUES NOTICE TO ALL THOSE PERSONS WHO MAY BE INTERESTED PARTIES.
IF (X) CONCEALS (Y) CLAIMING TO BE ONLY ONE EVEN THEN A PUBLIC NOTICE COMMON TO ALL SHALL BE PUBLISHED,BECAUSE THE GRANT OF PROBATE IS A JUDGEMENT IN REM AND BINDS WHOLE WORLD.
Y SHOULD FILE OBJECTIONS HE HAS AGAINST PETITION OF PROBATE AND RAISE ALL DOUBTS HE HAS AGAINST THE WILL,X CAN SUCCEED ONLY WHEN HE REMOVES ALL DOUBTS FROM COURTS MIND THOSE RAISED BY Y,INDIAN SUCCESSION ACT LAYS DOWN SO.
YOU MAY GO WITH FOLLOWING [PROVISIONS OF INDIAN SUCCESSION ACT
CHAPTER VI: Of the construction of Wills
CHAPTER I: Of Grant of Probate and Letters of Administration
218.
To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
219.
Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
220.
Effect of letters of administration
221.
Acts not validated by administration
222.
Probate only to appointed executor
223.
Persons to whom probate cannot be granted
224.
Grant of probate to several executors simultaneously or at different times
225.
Separate probate of codicil discovered after grant of probate
226.
Accrual of representation to surviving executor
227.
Effect of probate
228.
Administration, with copy annexed, of authenticated copy of will proved abroad
229.
Grant of administration where executor has not renounced
230.
Form and effect of renunciation of executor-ship
231.
Procedure where executor renounces or fails to accept within time limited
232.
Grant of administration to universal or residuary legatees
233.
Right to administration of representative of deceased residuary legatee
234.
Grant of administration where no executor, nor residuary legatee nor representative of such legatee
235.
Citation before grant of administration to legatee other than universal or residuary
236.
To whom administration may not be granted
236A.
Laying of rules before State Legislature
a great doubt costed on will is why testator discarded his son y from succession????others you might be knowing as per particular facts and circumstances of your case.
