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Ananth (Engineer)     23 October 2011

Probate for a registered will

My Grandfather died 2 years back , leaving a Registered will , which was carried  out in 1989. He left his self owned proprty to his 2 sons only , leaving out the 3 daughters. He has not mentioned any Executor in the Will.

We applied for the Probate in the court last year .Now the 3 daughters are contesting the Will , citing the absence of the Executor  in the WILL and other issues. Do they have strong grounds to contest a registered will  on the basis of absence of explit EXECUTOR  ?

In this scenario , Is it possible to get a Probate issued in the 2 SON's name without difficulty  in Chennai court  or will it be a lengthy process and  hence  will it be better to arrive at a compromise  between the parties ? What is the difference between Probate and Letter of Adminstration and which is needed in our case ?

What is the letter of agreement to be entered betwen the parties  so that , so that there is no contest to the WILL later on by the surving daughter and heirs of dead daughter.  Is a simple affidavit  or RELEASE DEED by the daughters/heirs is enough at the time of making payment for compromise, or a FORMAL agreement is necessary to safeguard future claims. What should be the contents of such contract/agreement ?

Also what is the exact proceudre to get the property registered in the SON's name , after the Probate or letter of administration is issued , if one of the sons has died ?

Thanks


 



Learning

 2 Replies

R (none)     08 November 2011

Did you find any solution to this?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 November 2011

1.  IF the will is registered properly, THEN the non-beneficiaries (sisters) do not have reasons to object. and the court will grant the probate order, which will be sufficient to transfer title-ownership of the property in the name of the named beneficiaries (sons), without any hitch and no future claims shall be entertainable.  The sons become the executors by default.


2.  In exceptional cases and on prayer of the applicant-beneficiaries, the court may also appoint the State as the executor or anybody else on the request of the applicant-beneficiaries.


3.  Letter of Administration (LA)  is applicable when the deceased has died intestate (i.e. without making a will) and is not applicable in this case.


4.  In the presense of a registered will, there is no need to make any mutual settlement family agreement or any release deed or whatever.


Keep Smiling .... Hemant Agarwal


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