Probate vs letter of administration or none

1. Since you anticipate your brother-in-law will contest the WILL, you would be advised to get the WILL probated.  

2. Without probate, you will not be in a position to give effect to the WILL, unless your brother-in-law will agree to honour the WILL.  Therefore, there is no CONs, but it is a necessity that you have to get the WILL probated.  Delay in getting the Court for probate of the will, through some difficulties later on.

3. The cost will depend upon the lawyer that you engage.

4. You should be a better judge as to whether or not your brother-in-law can present any hurdles in the execution of the will.  None of us will be in a position to say anything as to what he will do.  

Mr Ramachandran, Thank you for your reply.

From your answer i am decuding that Letter of Administration is not needed. And probate is advised to be done to be on safer side.

About cost, as i understand the cost of court is capped in New Delhi. Is that correct, if so, what is the cap amount?

Lastly, I understand that he has a right to contest the will, however given that its a registered Will, do you foresee us facing hurdles in probation or execution if he contests it?

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

The last valid WILL prevails.

If registered WILL is the last WILL (and that NO other WILL as surfaced) then it should prevail.

Registered WILL is not easily set aside atleast on counts of authenticity.

Registered WILL can also be contested.

You have not posted that your brother in law is contesting the WILL.

He being not a stranger (being son of testator) can contest the WILL.

How come the builder is involved?

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

Check locally and comply with procedure.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

Thereafter obtain copy of updated mutation records.

If WILL is contested it lands up in probate court of pecuniary jurisdiction.

Check locally at your location with a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/testamentray/civil matters and well versed with Local rules/laws and having succesful track record on need of LoA, Probate.