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pradhyuman (owner)     23 October 2013

Probate related

Dear concern, The question is regarding probate. ASHOK wills his property to four brothers A,B,C and D. A dies before obtaining probate.what will happen of his share in will.can his son get the property. Four brother are not the son of ASHOK.they are relatives Kindly explain for bith scenario.died before probate and after probate. Regards, Pradhyuman singh


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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 October 2013

The recital of the WILL to be carefully read for understanding the contents therein. A WILL comes into force immediately on the demise of the testator, therefore all the beneficiaries automatically become entitled to the benefits as stated thereon in the WILL.  Thus, there should be no dispute to the heirs of A acquiring the  benefits meant for A through the said WILL and the said heirs can be impleaded as parties in the ProbateOP.

pradhyuman (owner)     24 October 2013

Dear sir,

Many thanks for reply.I have two more questions.

What does the below statment means in Indian succesion act 125 Q  1

" Accrual of representation to surviving executor.-When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors."\

Q 2- What is the validity of bill or for how long will is valid.Is there a particular time limit in which the probate should be applied or there is no time limit.

Regards,

Pradhyuman Singh


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