Probate filed in delhi high court

Querist : Anonymous (Querist) 03 August 2022 This query is : Resolved
Dear sirs
In one order of court states that R-3, 4 & 5 have given no objection in his (Petitioner) favour in support of Will in question.
There are respondents no. 2,3,4 & 5
Now I want to know if registered Will/ probate fails then will the estate of testatrix be divided half to petioner and half to respondent no. 2 since R-3. 4.& 5 had given no objections to the Will
or it will be divided ⅕ each.
or petioner will get respondent 2,3 & 4 share since they have given no objection to the will in his favour
& respondent 2 will get ⅕ of the estate. Request you to inform

Follow Query

Report Abuse

Quick Summary

This discussion concerns a probate case filed in the Delhi High Court where some respondents have given no objection to a will. The core question is how the estate of the deceased will be divided if the registered will or probate fails. The advice given is that the outcome depends on the merits of the case, as respondents might still contest the will. If the probate petition is allowed, beneficiaries inherit as per the will; if dismissed, legal heirs receive equal shares.

kavksatyanarayana (Expert) 05 August 2022
It depends on the merits. Now the R- 3 to 5 have given no objection but may deny it at the time of the final hearing. And what about the R-1 & 2?

Advocate Bhartesh goyal (Expert) 05 August 2022
I. If the probate petition allowed by court then beneficiary of will shall get the property rights as per will and in case court dismiss the probate petition then legal heirs of deceased will get equal share in property i.e 1/5 share.

P. Venu (Expert) 05 August 2022
What are the facts? What is the context? It is not always the case that a Will be probated.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries