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Probate/ lett of administration

(Querist) 11 January 2013 This query is : Resolved 
I have a property in Delhi. And the Question is.

There are 2 wills A & B.

A has executed a registered will in favor of B and then B has executed an unregistered will in favor of C.

A died and B also Died. Now C is seeking the probate of WILL executed by B. whether it is correct or not and whether the probate shall be granted to C or not if not why what is the reason please tell and if YES how ?? Also need the JUDGEMENT to prove it to be TRUE..

Please reply me the above query as soon as possible... waiting for your positive reply ..
prabhakar singh (Expert) 11 January 2013
A will can be testate registered as well as unregistered,so both wills are right.A & B are dead but who died first is untold by you.
If B predeceased A,then A's will did not come to operate and no devolution took place in favor of B,hence will by B in favor of C is of no consequence.But If A died earlier to B,then B's will is valid in favor of C and C can get probate on proof of the both Wills,provided C is appointed executor in B's will.
ajay sethi (Expert) 11 January 2013
clarify queries raised by Prabhakar singhji
Puneet bhasin (Querist) 11 January 2013
A died first then B died.. please can u send me some JUDGEMENT to prove it to be correct i need a needful JUdgement on this issue
Puneet bhasin (Querist) 11 January 2013
A WILL is not probated and now B's will is produced in court by C for the probate will C get the probate .. please send me JUDGEMENT ON this clause
Devajyoti Barman (Expert) 11 January 2013
The Will is valid, no need for citation.
Puneet bhasin (Querist) 12 January 2013
I need a Judgement to prove that C should get a probate...as asked by the JUDGE..please tell me where to get the Judgement......as i have to file in court asap...
ajay sethi (Expert) 12 January 2013
search in indian kanoon website . in delhi probate is not mandatory


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