power of attorney
jach000019
(Querist) 02 August 2011
This query is : Resolved
AS A EXECUTOR I HAVE TO APPLY FOR THE PROBATE IN MUMBAI SO I THINKING TO OBTAIN THE POA OF SOME OF THE OTHER LEGAL HEIRS WHO ARE LIVING OUTSIDE OF MUMBAI IN OTHER STATES.MY QUESTION IS THAT :
(1)ONLY THE REGD. POA WILL BE REQUIRED TO SIGN ON BEHALF OF THE ABSENT LEGAL HEIRS IN THE CONSENT OF PROBATE OR NOTARIZED POA ON THE STAMP PAPER WILL DO.
(2) POA OF MUMBAI WILL BE REQUIRED BECAUSE ASSESTS OF WILL ARE IN MUMBAI AND WILL ITSELF IS OF MUMABI OR POA SHOULD BE EXECUTED AT THE PLACE WHERE OTHER HEIRS ARE RESIDING.
(3) IF I WILL GIVE THE CONSENTS OF THE OTHER LEGAL HEIRS THAN WILL IT BE REQUIRED TO GIVE THE PUBLIC NOTICE IN 2 LEADING NEWS PAPER OF THEIR STATES WHERE THEY RAE RESIDING.
(3) IF I AM NOT SUBMITTING THE CONSENTS OF OTHER HEIRS WHILE APPLYING FOR THE PROBATE THAN HOW MANY DAYS NOTICE PERIOD WILL BE THERE FROM COURT'S SIDE.
(4)IT WILL TAKE HOW MUCH TIME TO RECEIVE THE PROBATE IF NOBODY IS CHALLENGING THE WILL.
Atuliya
(Expert) 03 August 2011
Is it possible that any of the legal heirs would contest the Probate?
If not then simply go ahead with filing of the Testamentary petition and get over with the issue. If nobody is challenging the Will then max 6 months.
