Probate of a will executor and beneficiary

NAGARAJ (Querist) 14 July 2024 This query is : Resolved
I wanted to file seeking of Probate of a will.
I am the executor named in the will.
Is it necessary to add beneficiary to the p and sc case as a 2nd petitioner after I was added as 1st petitioner as an execuotor.in the petition .?

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This discussion clarifies whether a beneficiary must be listed as a co-petitioner alongside the executor when applying for probate of a will. Generally, under Section 222 of the Indian Succession Act, probate is granted solely to the appointed executor, meaning the beneficiary is not required to be a petitioner. While a beneficiary is a successor, their direct involvement as a petitioner in the probate application itself is typically unnecessary.

T. Kalaiselvan, Advocate (Expert) 14 July 2024
Since the second petitioner is also a successor to succeed to the estates in question, you may include him as 2nd petitioner in probate and succession certificate case.
What is the opinion of your own advocate on this.

Advocate Bhartesh goyal (Expert) 14 July 2024
As per sec 222 of Indian Succession Act, probate of will is granted to only executor appointed by testator so cause of action does not arises to benrficiary to file probate petition and is not required to implead as petitioner .

kavksatyanarayana (Expert) 14 July 2024
According to Section 222 of the Indian Succession Act, of 1926, Probate shall be granted only to an Executor appointed by the Will. So the beneficiary is not necessary for probation of the will.

P. Venu (Expert) 23 July 2024
It is not always the case that a Will need to be probated.

NAGARAJ (Querist) 27 July 2024
Tq fo ur valuable answers sir.
Tq all

T. Kalaiselvan, Advocate (Expert) 27 July 2024
You are welcome for your appreciations.

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