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Rahul999999 (N/a)     15 January 2022

Executor of will is reluctant to take probate

Hi all, one of our ancestor has left behind a will pertaining to distribution of immovableproperty but the executor is reluctant to go through the probate formalities. Upon much coaxing by the beneficiaries the executor applied for probate but was absent on hearing day. Following that the probate is still pending for years now as the executor is reluctant to appear in court, citing excuses multiple times. As a result the beneficiaries cannot get their rightful share of the said property. Is there domething the beneficiaries can do in this situation?

Related question: Assuming the beneficiaries are in mutual agreement with regards to share of property, can they get the property transferred to their names without actually taking probate of the will?

Please help. Thanks in advance.


 1 Replies

Advocate Bhartesh goyal (advocate)     15 January 2022

if the property situates in Mumbai, Kolkata & Madras then will has to be probated else not.

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