Executor of a will
dipankar naik
(Querist) 30 January 2014
This query is : Resolved
Hello,
Can a Executor of a Will, which has not been probated proceed to dispose of assets of the deceased? The assets are almost all over India and in metro and non metro areas.
Devajyoti Barman
(Expert) 30 January 2014
Yes, if he is entrusted with such duty in the Will but of course with the consent of the beneficiary.
Once Probate is granted the Executor is discharged of his duty but beofre that he is liable for his actions to the beneficiaries and his acts are governed by the directions of the testator of the Will.
So refer to the Will to find such directions if any.
I do not think the beneficiary will allow the executor to sell property without their consent or that of other legal heirs.
SHIRISH PAWAR, 7738990900
(Expert) 30 January 2014
Once executor is appointed will needs to be probated whether it is metro or non metro area.
Rajendra K Goyal
(Expert) 30 January 2014
Agree with the advise of expert Devajyoti Barman ji.
