Indian succession act probate
Leslie Almeida
(Querist) 18 January 2013
This query is : Resolved
My Mother made a will in 2004 died in 2010
Will made in Mumbai. Property also in Mumbai. Executor of will who is also a part beneficiary of the will is not Probating Will citing amendment to Indian succession Act 26 of 2002 that will of Christians does not need Probate. As to my knowledge if the executor is named in the Will, he has to get the Will probated as it is mandatory u/s 213.also as per sec 222 Probate can be granted only to the Executor appointed under the Will The Executor fails till date to distribute the property in accordance with the provisions of the will. he has not even distributed the Jewellery which does not have a schedule as mentioned in Will to the beneficiaries
many parts of the will are void as per S89
of IS Act,in above circumstances
My question is does Will made in Mumbai need to be compulsory Probated
and if Executor does not do so what are the remedies ?
Raj Kumar Makkad
(Expert) 18 January 2013
Your similar query has already been resolved and this is your second query on the same subject. Probate is necessary in Mumbai.
Leslie Almeida
(Querist) 19 January 2013
there are many beneficiaries to the will
i stand to gain 1/10 part taking letter of administration will i become the executor
and will i have to Pay Rs 75000 as probate fees
also if i send legal notice to Probator of will and he dos not comply under which sec can i file a case against him in civil court
Devajyoti Barman
(Expert) 19 January 2013
Please contact lawyer. Court fees differ from sate to state.
prabhakar singh
(Expert) 19 January 2013
YESTERDAY YOU WERE ANSWERED,NOW YOU HAVE OPENED A NEW THREAD TO CONFUSE US.IN MAHARASHTRA WHERE TO YOUR CASE BELONG IT WOULD BE SUBJECT TO A MAXIMUM OF 75 K AND YOU TOO MENTIONED IT IN YOUR LAST POST OF THAT QUERY.PLAYING THIS WAY YOU SHALL ARRIVE AT MISGUIDANCE CHOWK.
ajay sethi
(Expert) 19 January 2013
repeated query no reply
