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Dhruti (Not applicable)     07 December 2010

Distribution of assets based on will

Hello,

As per the Indian Law, can the executors of the will distriubute the assets of the will, before it is probated? There is a time length involved in a probate being granted by the court. The will has been registered with the court, and the testator has mentioned that the will should be probated. But certain family members mentioned in the will, would like to get the money as soon as possible? Please advise as to what is the correct path to be followed  by the excecutors, and if the executors can get into trouble when they later on probate the will with the court? My understanding is that the assets of the testator cannot be touched till a probate has been granted by the court to the executors.

Thank you for your professional advice



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 3 Replies


(Guest)

The probate is only applicable to cities. Regarding the a registered will executed in other than metros there is no need to get probate of the will.

If the will declares a person as administrator or executor whether he is relative or  third person, when the will came into force after the death of testator it will become executable by the holders.

subendran.T (advocate)     13 December 2010

prior to 2000 probate of will is mandatory for christians. But now it is only optional and probate is not at all necessary even for christians.

kiran 11111 (Executive)     12 January 2011

Probate of the will is mandatory in presidency town viz Mumbai/Madras and Calcatta.In rest of the other area it is optional. But some one challenges the genuiness of the will, the court can interven in the matter.


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