Legal Question in Real Estate Law in India

A leasehold property holder in delhi (with (a) wife, (b) 2 living daughters and (c) 1 post-deceased son and (d) 1 pre-deceased daughter) passed away in 2004, leaving behind an unregistered will which bequeaths the property as follows

deducs a fixed amount for (a) and

then divides the rest in the following ratio:

to the two sons of (c) - 50%

to (b) - 50%.

And (d) has not inherited anything as per this will.

My question is-

(1) does this will definitely require probate and if so who should apply for probate of will, as no executor has been named.

(2) what does it mean exactly when a will is probated in someone's name - is that they become the executor of the contents of the will? Or that they will inherit the entire property?

(3) can freehold be done easily in the names of (a), (b) and the two sons of (c) once the will has been probated?

Many thanks


Asked on 4/19/11, 11:24 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

all the beneficiaries of the will should apply for probate together and after the probate granted the directions can be sought for getting property free hold.

Read more
Answered on 4/20/11, 1:54 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India