Probating will
Mervyn Vivek
(Querist) 22 December 2018
This query is : Resolved
It is possible to probate only a particular part of will or whether the whole will has to be probated? Waiting for your opinion
Vijay Raj Mahajan
(Expert) 22 December 2018
Whole Will is probated by the Civil Court not part of the Will.
Dr J C Vashista
(Expert) 22 December 2018
Whether the Will has been executed in parts ? Answer is "no".
The will has to be probated in whole.
Kumar Doab
(Expert) 22 December 2018
As per your posts you are qualified Lawyer.
You must be having access to senior counsels at your location.
They can opine and advice in person per facts of any matter and may not even charge any FEE.
GO thru;
Indian Succession Act;57, 254-257
http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
and understand the exception.
Kumar Doab
(Expert) 22 December 2018
And;
Andhra High Court
Vrandavanla Goverdhanlal Pitti ... vs Kamala Bai Goverdhanlal And Ors. on 1 April, 1969
Equivalent citations: AIR 1970 AP 109
Author: P J Reddy
Bench: P J Reddy, S Rao
https://indiankanoon.org/doc/1026461/
From this it is sought to be contended that the grant of a general probate is the rule and a limited probate an exception.
probate of the entire will must be applied for, unless there are any facts justifying the prayer, for an exception.
Madras High Court
In Re: T.K. Parthasarathi Naidu vs Unknown on 19 November, 1954
Equivalent citations: AIR 1955 Mad 411
Author: R Gounder
Bench: Ramaswami, R Gounder
https://indiankanoon.org/doc/1232939/
11. The examination of the cases, therefore, confirm the conclusion we reached on a consideration of the relevant section of the Indian Succession Act, namely, whether the deceased died intestate or died leaving a will appointing or without appointing executors, the probate or the letters of administration with or without the will annexed must, as a general rule, relate to all the properties, that is, the entire estate of the deceased, and that only in exceptional cases falling under Sections 254 to 257, a probate or administration limited to specific item of property or a fraction of the estate will be granted. The question whether a particular case would fall under those exceptions would depend upon the facts and circumstances of that case. It is impossible, and we do not propose to make any attempt to prepare a catalogue of cases which would fall within those exceptions. It was only on sthat question that the decisions differed.
The courts may have similar view in matter at your hands as well.
Kumar Doab
(Expert) 22 December 2018
Or may agree per facts of the matter..
Kumar Doab
(Expert) 25 December 2018
LETTER OF ADMINISTRATION: is granted in lieu of a probate and is granted to a legatee in respect of either the whole estate or a part of it that still remains to be administered
Your LOCAL senior counsels can help and guide you, further.
