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Nandagopal Rao (Retainer)     24 March 2014


In a will there are 2 parties, one is the executor (Testator) and the other is the beneficiary (Legatee).  Other than these two, the Testator can appoint Administrator of the Will, whose duty is to execute the will so that the Legatee gets the assets bequeathed to him by the Testator.  

My question is, if there is such appointment of Administrator, whether the Administrator requires the will to be probated?  and if there is no Administrator is appointed, whether the will still requires probate?  Is appointment of Administrator is mandatory?


 6 Replies

Advocate Vishnu (Advocate)     24 March 2014

Any "WILL " has to undergo probate proceedings for the document to come into force. Hence If the "WILL " mentions an administrator, then such a administrator will have to be appointed and he will ensure the contents of the " WILL " is duly performed as per the last wishes of the testator.

Nandagopal Rao (Retainer)     24 March 2014

Dear Adv. Vishnu,

If there is no administrator appointed under a will, then the Legatee will have to get the will probated?  Please clarify.  I understand that in the probate proceeding, notices will be sent to all the legal heirs.  But will is purely a desire of the testator.  The testator has bequeathed all his assets to his wife. Does wife requires to take probate?  Why notices are to be sent to children?  What happens if children and/or their husband objects ?  Kindly clarify.

adv.raghavan (Advocate,9444674980)     24 March 2014

Probation of will is not compulsory through out india, it is necessary only in certain state capital,like chennai,kolkatta and mumbai,

Will can only be challenged if it is not properly executed or it was not properly attested by the witnesses or the person in fact had not executed at all or the person executed the Will was influenced by the beneficiaries or the beneficiaries had taken interest in the execution of the WILL. Giving of no objection is not necessary but the presumption will be drawn as stated above. But if no objection is given in court, it would be better

Advocate Vishnu (Advocate)     25 March 2014

It is true that the WILL is the wish of the testator and if he has bequethed his property to his wife then she becomes the absoulte owner of the properties mentioned in the WILL. The reason to probate a WILL is that if the properties mentioned in the WILL are ancestral properties then the coparcenors will have a birth right in those properties and the testator cannot 'WILL' away those properties in favour of his wife. Hence to avoid legal issues which may arise at a later time,it is always advisable to probate the WILL. Hence notices will be issued to all the legal heirs and at the end of the trial the WILL come into force. Pl note: The testator can only execute a WILL to the extent of his " SELF ACQUIRED ' property.

Nandagopal Rao (Retainer)     25 March 2014

Dear Adv. Vishnu,

The Testator if clearly mentions in his will that the bequeathed properties to his wife are all his 'self acquired' properties; is there a need of probate of will by his widow?

Shikha Chadha (CS)     25 March 2014

Hello All,

I would want one legal help from the members of this club, kindly look into the matter and please share your valuable views:-

My cousin nani got expired last mama is the only son of her...the property where the family lives is in the name of nani..there is no the question is that in absence of will, mama will get the first right on the property or nana ji (i.e will he be the husband who will get the first right on the property or the son).

in absence of will, my mama - needs to know the following points:-

1. can nana ji or mami (his wife) has any rights in the property 

2. he is not having the original papers of the property- dont know nana ji or mami- who has taken it

3. he wants to take divorce from mami.

4. his divorce matter was going on in the family- when nani got expired so the matter dint come up till then

5. can nana ji and his wife (mami) jointly/ solely sale the property with/ without the intervention of mama.

6. what legal step mama should take as he doesnt want the property to be sold. The family is in dispute. all the three members dont want to live together. nana ji wants to sale the property and give some share to mami.

kindly advice.

Thanks in advance.

Shikha Chadha

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