aakash singh 31 March 2022

Query regarding probate (will)

Respected lawyers,

My grandfather and grandmother did not die intestate. There is a registered WILL of my grandfather and a handwritten unregistered WILL of my grandmother.

My father is having 3 sisters. In both the WILL it is written, "I have given enough to all my three daughters during their marriage now i don't give them any legal right in my assets, property and cash/cash deposits". Names of the three daughters are not mentioned in the WILL. Only my father's name is mentioned who is going to be the beneficiary.

My query is, during the Probate procedure do we also need to make the three daughters party to the probate. Or we should continue without making them the party. (As Names are not mentioned in the WILL).

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4 Replies

Shashi Dhara 01 April 2022

Any one challenges the genuiness of will.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 April 2022

One of the procedure for probate is need to mail a notice that the estate is in probate to all creditors, beneficiaries and heirs (as required by the court). Some states may also require you to publish a notice in the newspaper.

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aakash singh 02 April 2022

Dear sir,

Thank you for your response to my query. Further I say that, we had put in news paper regarding Probate and informed the other party verbally by giving them the copy of the respected WILL's in the same court where the 3 daughters have filed the partision suit without knowing there are WILL's. The same court had also put on notice board regarding Probate. No notice was issued but copies Where given and information was made aware to them. Nobody came forward, witnesses to the WILL came forward, gave Affidavit and thus court granted ous the Probate.