How to probet a will

PRATAP KESHARI MOHANTY (Querist) 09 May 2014 This query is : Resolved
Dear Sir,/S

A woman was purchased some Ac.0-90 dec land & cultivating and the land is recorded in her name & paying land revenue. some days ago one man forcibly occupied Ac.0-5 dec out of the above said land, then the lady made me her General Power of Attorney and I filed suit against the defendant, & case is under adjudication, last month the lady (My principal) made a un regd Will in my favour to which her husband and elder son have signed as witness,One week back the Testator expired, and I have obtained the Death Certificate from the competent authority, Now my my question that 1-can I produced the Will before the trial Court and continue the suit as it is. 2- The property is mentioned in the schedule of the Will. and is it necessary to probate the Will and where / which Court it has to be probated,and what is the procedure to probate the Will.

Thank You
with regards.

Mr. P.K. Mohanty

Mr. P. K. Mohanty

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Advocate Ramesh (Expert) 09 May 2014
Will can be acted upon only after the death of the testator of the will. So as for your case is concern, the woman is alive. So there is no question of will can be taken as consideration.

ajay sethi (Expert) 09 May 2014
1) since testator died a week back the executor has to apply for probate of will . if no executor is appointed apply for letters of administration .

2) on death of plaintiff POA ceases . the legal heirs of testator would have to continue suit proceedings