Probate in pune city
milind phope
(Querist) 24 October 2012
This query is : Resolved
It is said that the probate on WILL is must in only the cities of Mumbai,Calcutta and Madras.
But if the WILL is made in Pune city on Property in Pune city and is benificial for only to one legal heir,out of Two,and 2nd legal heir has objection on the said will then,
1) how the implementation of WILL or Objection on the WILL will take place?
Beneficiary is holding the original WILL and doesn't want to go for Probate and insisting the authorities for implementation.
Non beneficiary has the documents which can prove,that the WILL was made under,undue influance,then
2) How the Non-beneficiary should proceed.???
I am the 2nd legal heir in above case so please guide me sir.
ajay sethi
(Expert) 25 October 2012
the executor should apply for probate of the will . you have not mentioned who is the executor of the will . .
milind phope
(Querist) 25 October 2012
Sethi saheb,
Testetor has not appointed any executor in writing but had kept the Original WILL with the beneficiary heir.For Probate case Hon Court needs an original WILL.
That is why the topic is in standstill status which prevents 2nd heir (me) to challange the said WILL.
Can I take a "STAY-ORDER" on the said WILL from Hon Court.And what are the expences for this stay in Maharashtra.
