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s.vinodhbabu@gmail.com (individual)     03 May 2022

Executor's power to sell properties of the testator even before grant of probate

CAN AN EXECUTOR SELL PROPERTIES OF THE TESTATOR EVEN BEFORE THE GRANT OF PROBATE. TESTATOR BEING A HINDU.



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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     03 May 2022

Hello,

The executor cannot sell the properties of the testator even before the grant of probate.

Advocate Y.K. Mehrotra (Advocate)     03 May 2022

Hello 

According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Probate helps the executor to receive a certification from the court that he is duly authorized to administer the estate of the testator under the will. Even a beneficiary can be appointed as an executor under the will.

In simpler words, Grant of Probate means the transfer of authority from the hands of the Testor into the hands of executor.

For further queries, you can email me at ykumarmehrotra@gmail.com


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