abcdefghij (Service) 15 April 2009

Property ownership and will execution

Respected Sir, I am based in Mumbai and have concerns regarding my husbnd's grandfathers will . my husband stands to inherit a high value property in South Mumbai from his grandfather on the basis of a registered will. However, my husband's eldest uncle, who is named as the executor of the will refuses to execute the will unless we pay him a sum of rs. 1 Crore.The testator expired in the yr 2006. Further, this is not a joint property( documents exist to prove this) but one acquired by grandfather through his own earnings.Please advise

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6 Replies

A V Vishal (Advocate) 15 April 2009

Dear Madam:

Does your Husband have a copy of the will. If not, since you say the will is registered, get a certified copy from the registrar's office, details are required what exactly are the contents to proceed legally against your husband's uncle for having the will executed.

Y V Vishweshwar Rao (Advocate ) 16 April 2009

To Consider the isue the contents of the Will Deed to be verified and then the parties rigths and liabiliites , obligatiosn can be verified

abcdefghij (Service) 22 April 2009

Dear Sir, in view of the above query, if the execotor is not filing for petition due to his vested interests, then can we approach the honorable court to file for letters of administration and obtain a probate on our own? if yes, then can we do this on our own or do we necessarily need a lawyer?

abcdefghij (Service) 22 April 2009

dear sir, in view of the above mentioned query, if the executor is not filingfor petition due to his vested interest, then can we file for letters of administration on our own as we are the beneficieries?

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 23 April 2009

I AGREE WITH MY FRIEND ASHIMA ADVISE.

abcdefghij (Service) 28 April 2009

So many views and just 3 answers?May I request the community members to be more forthcoming and generous with their replies please as I still have no clarity on the subject of letters of administration ? Would that be a wise step or would it have an adverse effect?