(Querist) 17 August 2023
This query is : Resolved
There are 11 properties on my husband's name and he has made a will of all those properties, but i only want to probate one property is it possible ?
T. Kalaiselvan, Advocate
(Expert) 17 August 2023
The general rule is that a probate should be granted in respect of the entire estate of the deceased because under section 211, the entire estate of the deceased vests in the executor appointed by the will. It is only in special circumstances that a probate in respect of a portion of the property can be justified.
(Expert) 18 August 2023
According to the Indian Succession Act, of 1925 a probate is issued to the executor or the person who is authorized to implement or execute the will but not others.