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