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Namakkal Raghavendran (CEO)     10 March 2023

Will probate

is it necessary for the beneficieries of a will be present in person during the probate of the will in court


 4 Replies

Dr J C Vashista (Advocate)     11 March 2023

Where is the property bequeathed (under will) located i.e., Bombay, Madras or Calcutta the presidency towns or some where else ?

It is compulsory to probate the will for above presidency towns otherwise not compulsory till there is no objection from anyone concerned with property.

Advocate Bhartesh goyal (advocate)     11 March 2023

Beneficiary need not to be present on each and every day of hearing in probate case but has to be present in court when his statement is to be recorded.

Shashi Dhara   11 March 2023

If he  isunable to lead evidence before court  he can file application to appoint commission  so the commission will  visit  to spot and record evidence  along with opposite advocate and  commission submit it to court.

T. Kalaiselvan, Advocate (Advocate)     12 March 2023

Appearance of beneficiaries or the litigants on each and every date of hearing is not essential.

They may be required to be present when the court passes an order for their appearance or during the witness evidence deposition and during cross examination alone.


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