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Ullhas Bhosle   04 March 2016

Obtaining probate

My father in law died about three years ago. he has appointed his son, his brother in law and his sister in law as executors of his will. Of the three, the sister in law has since resigned. The excutors have refused to file for probate for last 31/2 years for no reason whatsoever. The son who is also a beneficiary has been able to get all the bequeaths transferred to his name. But my wife is unable to get her bequeaths as the concerned bank - SBI - is insisting on a probate.

What is the way out? Can we as beneficiary obtain the probate as we have only a photocopy of the will.OR do we have to file a suit ?

The executors have never shown us the original copy of the will!   



Learning

 1 Replies

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     05 March 2016

original will is required...file complaint against persons holding on with the will...probate is compulsory....executors can file the probate, in absence beneficiearies can file...all legal heirs will get share unless released....


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