Failure of Executor of Probated will in filing Inventory/disposal of assets report

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
The High court granted the Probate of will in year 2001 and authorised to the executor for distribution of assets to the family members including the executor (who is also a beneficiary). The report was to be filed in the statutory period of one year. The executor acted upon and completed the process of distribution of assets immediately but due to ignorance of law of the executor the report was not filed in time Before Court. The Court has issued notice to executor in Dec.,2010. But the court did not allow the leave to file the same now and has asked to file an application probably to explain the delay. What is the remedy and what are the consequences?

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Guest (Expert) 05 January 2011
if the reasons for delay has properly explained the Hon'ble court will condone the delay. Otherwise the court will appoint new executor/administrator

Raj Kumar Makkad (Expert) 05 January 2011
The executor in reply to the notice should state clearly the facts that he had already distributed and has fully complied with the direction and he should also enclose the satisfaction letters of all family members//beneficiaries in support of his action and should annex with the reply. High Court shall take into consideration the real and true facts and shall dispose off the matter as fully complied. No consequences are expected to be faced by such executor merely on the ground that he forgot to send his report within time. Matter is distribution within a limitation and not report.

Kirti Kar Tripathi (Expert) 05 January 2011
agree with experts.

Amit Minocha (Expert) 06 January 2011
The executor in reply to the notice should disclose the exact date of distribution with proof of the same showing his compliance of the directions. also produce the affidavit in support from the beneficiaries alongwith the reply. File an application for condonation of delay and that it was not intentional or deliberate but a human err with a request to consider delayed filing and apology.

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