Legal Question in Civil Rights Law in India

Re: Probate of Will

Hello.

Good Afternoon.

1. It depends on the persons futur behaviour you can assertain the situation that whe will challenge or not.

2. Probate of Will is a a judicial certificate saying that a will is genuine and conferring on the executors the power to administer the estate.

3. Its not mandatory.

In case of legal remedies you may contact a local lawyer.

Re: Probate of Will

(1)You may not be able to determine other person's future behaviour; her decision to challege the will cannot be controlled by any body;

(2) Probate of will means that the beneficiary under the will may approach the court to declare his ownership over the property and approve inheriance on the basis of will; the court may, after affording an opportunity of hearing to all other legal heirs and the general public, decide the case like any othe case.

(3) It is not mandatory to seek probate of will.

You may continue with your title and possession over the property till there is challege in court by your aunts.

If a case is filed, you may engage a counsel.

Re: Probate of Will

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your

reference.

First of you must know that a Will is not a document compulsarily registrable.

1) As you say that your aunt's family do'nt know about the Will of your grandmother and your family also came to about the same only ssix months back. As far as challenge to Will is concerned , Your aunt can do so. It is for your father to obtain probate for the Will of your grandmother in your father's favour.

2) Probate of Will is obtained from the court. Through probate a WILL obtains finality status and after obtaining a probate of WILL, it becomes executable in all manner.

3) Probate of WILL is mandatory in the sense as I said earlier , it becomes executable in all manner , and after a probate is obtained it becomes final and executable in all manner.A WILL is always becomes executable after the executant is dead,and he/she is no more to say about the truthfulness of the WILL, court issues probate of the WILL after considering all objections etc.

4) Someties a executor is mentioned in the WILL itself , sometimes a witness can do so .It depends on fact and circumstances.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.