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NVS Sankaram   20 February 2024

Probate on will..

Mrs. A is a Hindu Brahmin Widow( No More Now). Her Husband left some Undivided Ancestral Intestate property and passed away. Family Members are  

                   1) A,

                    2) One Daughter In Law is there who is also a widow ( wife of Own Son who is No More Now) and This Widow daughter In Law had One Legitimate daughter( Live and Married) and One Adopted( Adoption Registered) Son  Live and Un married.

                  3) Three Married Daughters( Live).

Mrs. A ........Executed a will during her life time with a condition that For her Portion of Property ( Total Property is Undivided Ancestral Intestate still now... One of her Son In Law will acta s an Executor and divide the same9 Means her portion in Total Property Only) to  Three daughters( Percentage to each daughter is not mentioned here any where) and passed away. In This will So many Properties of A's Husband at different geological places in India are there and all are Undivided Ancestral/Own Acquired and Intestate and for all of them The said Son In Law is an executor to divided.

My Question is :

1)Is Probate necessary for this Will?

2) Did this will had any Validity Now?

3) Is It Possible to accept the Probate for only one property? and Others remains same as they were mentioned in will?

4) Probate Processing fee to be paid by whom? means all other family members or Executor has to bear?

Pl. help me.






 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 February 2024

1. Even though probate of Will is not mandatory, since the properties are located in different geographical locations, it is advisable to obtain probate of property.

2. A Will is not barred by limitation.

3. Once you obtain a probate of Will, it would be applicable to all the properties mentioned in the Will.

4. The beneficiaries of the Will seeking probate of Will are to bear the court fee and related expenses.

Shashi Dhara   20 February 2024

If any one challenges will then it should be proved, if no one challenges probate is not necessary, as the property is undivided first her share should be partitioned through partition deed and to be allotted.

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