Civil Procedure Code
H. Mujtaba
(Querist) 31 March 2009
This query is : Resolved
A person has left behind an unregistered Will bequething a debt which the deceased is entitled from some other person. No body is disputing the Will. Now the person who had availed the loan form the testator of the said will is a defaulter and has not repaid the debt amount to the benificiary of the said will. My Query is that Can the benificiary of the Said Will directly file a suit for recovery of the debt amount against the said person on the strenth of the said Will or only after the will is probated he can file the suit for recovery?
PALNITKAR V.V.
(Expert) 31 March 2009
Normally probate has to be obtained. Hence, a suit filed without probate may not succeed. It is safe to have probate and then to file suit or atleast to get probate during pendency of the suit.
Y V Vishweshwar Rao
(Expert) 01 April 2009
I Agree with Shri Palnitkar---
adn if the benificienry under the Will is legal heir , he can file the suti for recovery of the due
n.k.sarin
(Expert) 01 April 2009
I agree with Mr.Palnitkar.
Ashey
(Expert) 01 April 2009
Will has to be probated and a separate action has to be taken for recovery of money
adv. rajeev ( rajoo )
(Expert) 03 April 2009
I agree with sir Palnitkar. If suit is filed on the basis of the unregistered will then burden lies on the plaintiff to prove that will which is not so easy.
Kiran Kumar
(Expert) 09 April 2009
in full agreement with the views.
