Probate and wills
CA VINAY JAIN
(Querist) 01 March 2013
This query is : Resolved
CAN A A PROBATE BE GRANTED /TAKEN WHERE THE ALLEGED REGISTERED WILL SAYS THAT THE ...."BENEFICIARY HAS RIGHT TO COLLECT RENT AND RESIDE AND TO USE THE PROPERTY IN ANY MANNER SHE LIKES BUT SHE CANNOT SELL , MORTGAGE , GIFT OR GIVE ON LONG LEASE THE SAME . AFTER HER DEATH THE PROPERTY WILL GO TO HER SON/S AND NOT DAUGHTERS " .....
Devajyoti Barman
(Expert) 01 March 2013
Taking Probate of Will is mandatory irrespective of terms of Will in the state of WB.
Rajeev Kumar
(Expert) 01 March 2013
Probate of will is mandatory and it can only be done after the death of executor.
prabhakar singh
(Expert) 01 March 2013
If the property is in Chennai or in west Bengal or in Mumbai,seeking probate or letter of administration would be a legal requirement.If property is beyond these jurisdiction subject to local amendments,it may be found optional.
Probate is granted only when an Executor is appointed by the testator(writer) of the will otherwise letter of administration is granted to beneficiaries.
You have been given life interest in the WILL.
Get in touch of a local civil law practitioner.
Raj Kumar Makkad
(Expert) 02 March 2013
If there are some other legal heirs of the deceased testator and if you smell any objection/dispute qua the property involved then it shall be better to get the will probated otherwise except the cities mentioned by Mr. Singh, there is no legal requirement for this purpose.
CA VINAY JAIN
(Querist) 02 March 2013
THANKS TO ALL OF U FOR UR VALUABLE INPUTS. FURTHER THE ISSUE IS THAT THE WILL IS CONTESTED AMONG THE LEGAL HEIRS AND THE MATTER IS PENDING BEFORE THE PROBATE COURT. IN THE MEANTIME THE SO CALLED BENEFICIARY OF LIFE INTEREST ONLY TO COLLECT RENT AND TO RESIDE IN THE PROPERTY OF THE TESTATOR HAS VIOLATED THE CONDITION OF THE CONTESTED WILL BY GIVING THE PROPERTY ON LONG LEASE FOR 29 YEARS 1 MONTH AND HAS VIOLATED THE CONDITION OF THE CONDITION OF THE ALLEGED WILL AS STATED IN MY PREVIOUS QUESTION .
CAN THE PROBATE COURT ON APPLICATION BY DEFENDANT AND GIVING PROOF OF SUCH ACT DISMISS THE PROBATE APPLICATION OF THE PETITIONER/EXECUTOR FORTHWITH AS NOT MAINTAINABLE? IF SO WHAT ARE THE CONSEQUENCES OF SUCH WRONG DOING ? ALSO IS A NEW CASE NEEDED TO BE FILED FOR DECLARING THE WILL AS NULL AND VOID ?
Devajyoti Barman
(Expert) 03 March 2013
You should have posted this thing in the first query itself.
Before completion of trial no interim order of dismissal would be passed.
