Double probate
EDWIN ALPHONSO
(Querist) 04 August 2015
This query is : Resolved
obtained probate in 1987 by executor widow now aged 90 years mostly all stated in will regarding administrating the properties have been completed now eldest son after 28 years has applied for double probate since he had reserved his right in 1987 at the time of probate grant.
now the eldest son is not in good books with the family and he is doing this to sign off the balance property so they have oppose the grant of double probate by explaining to the court the reasons.
questions
1. can the beneficiaries get relief from the court or the court cannot stop/refuse the grant of double probate
please advise
edwin alphonso
9820284741
P. Venu 
(Expert) 05 August 2015
Where are the properties situated? Will need to be probated in specific instances only.
EDWIN ALPHONSO
(Querist) 05 August 2015
In Mumbai the question is not whether will need to be probated or not . It is an already probated will giving the 2nd executor right for double probate since he has reserved it at the time 1st probate was taken. My query is can the court not grant when the beneficeries are against the grant
rajagopal.s
(Expert) 05 August 2015
Hi
In the double probate, the eldest son can ask for probating the properties that are unadministered(balance of property) by the first probate.
however the chances of staying the probate are less and the eldest son will be eligible to claim his rights .
Rajendra K Goyal
(Expert) 05 August 2015
All depends on the merits of the case, consult local lawyer and show him full case file.
EDWIN ALPHONSO
(Querist) 05 August 2015
Not against the double probate application but in this case he is not supporting the family also has done land deals behind the back of the family not supported our FIR in forgery case wherein his signature is also forged
