Probating a Will

Querist : Anonymous (Querist) 17 August 2010 This query is : Resolved
We are four brothers and a sister. All are married and settled. Very recently my father died and before his demise, he wrote a will. The will is not registered. No Executor was appointed by him. In accordance with the last will he wrote, all brothers and the sister is to share equally the sale proceeds of the property left by him. One of the beneficiary is non-coperative and may create hinderance in getting the will probating the will. Now my question is -
a) How to appoint an Executor who can move the court to get this will probated ?
b) If one of the five beneficiaries does not cooperate, whether the other four can get the will probated.

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Devajyoti Barman (Expert) 17 August 2010
a. Any of the beneficiary can apply for letters of administration. This happens when there is no executor appointed by the will.
b. If any of the beneficiaries or other legal heirs could not prove the Will to be executed under suspicious circumstances then the court would grant the letters of administration( read probate).