After the death of beneficiary, his heir can file probate

Good evening,

We can help you better if you specify your concerns with regards to your query. 

Section 222 in The Indian Succession Act, 1925P Talks about "Probate only to appointed executor"—

(1) Probate shall be granted only to an executor appointed by the Will.

(2) The appointment may be expressed or by necessary implication.

 A few illustrations to understand better-

(i) A Wills that C is his executor if B will not agree, therefore B is appointed as executor by implication.

(ii) A gives a legacy to B and several legacies to other persons among the rest to his daughter-in-law C, and adds “but should the within-named C be not living I do constitute and appoint B my whole and sole executrix”. C is appointed executrix by implication.

(iii) A appoints several persons executors of his will and codicils and his nephew residuary legatee, and in another codicil are these words,—“I appoint my nephew my residuary legatee to discharge all lawful demands against my Will and codicils signed of different dates”. The nephew is appointed an executor by implication.

Section 105 in The Indian Succession Act, 1925 talks about what happens in case the legacy lapses.—

(1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the Will that the testator intended that it should go to some other person.

(2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator.

We can help you better, if you can be specific with your concerns. 

These links might help you a bit better-

https://www.lawyersclubindia.com/experts/probate-of-a-will-512451.asp

https://www.lawyersclubindia.com/forum/executor-cum-beneficiary-died-before-applying-for-probate-192311.asp

Hope this helps-

Regards,

Nandini.

You have to approach civil court and to prove you are lrs to  deceased and to prove genuiness of will if any one objects you 

The necessity of probate generally steps in if the local laws mandate registration of the will or if there is a dispute.   Contact a local advocate as it is sufficient if the will is properly drawn voluntarily with two independent witnesses and registration may not be compulsory.   Those who dispute the will may challenge it through another suit.