raj Kushi 22 December 2019

probate of will or letter of administr

hi sir ..in Karnataka a male hindu dies left behind (self aquired property)notarized will directly beneficiary that is grand son without mentioning executor .......as a beneficiary now under which provisions I have to approach the court for probate the will....

as a beneficiary shall I directly approach the court for probate the will..
or
letter of administration under provision

thanks 4 ur valuable reply

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3 Replies

Shashi Dhara 22 December 2019

Contact advocate with will and file p&SCin civil court and prove will genuiness if any one challenges and take certificate.

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raj Kushi 23 December 2019

dear sir myself practising as an advocate ...I hv little bit confusions on judgments that's y m seeking clarification.....

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 24 December 2019

1. IF a WILL document is in existance, THEN (IF required) beneficiary can file for Probate of Will, under the Indian Succession Act. There is no legal necessity for filing for "letter of administration (LA)", if the will was duly prepared & executed.

2. IF there are no disputes or claimaints among the available residual legal heirs, THEN property can be mutated /transferred, on the strength of WILL & Affidavit & Indemnity Bond, WITHOUT any Probate proceedings.

Keep Smiling .... Hemant Agarwal
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