Legal Question in Real Estate Law in India

I have a unregistered will which has 4 beneficiaries and my father has subdivided the will in the name of the 4 benificiaries @ the rate of 25% each

On the will my father has mentioned the name of her daughter however she is not a benficiary ..

I do understand that the will needs to be probated however if one of the legal heirs who is a daughter and is not a benficiary and has expired and whose whereabouts ie address location of her legal heirs is not known do we ie the 4 beneficiaries responsible to provide the court with the deceased daughter or legal heirs present address or does the court have to print a public notice in a local newspaper and if no response is given based on that it means that they are not interested in the said property and court can grant probate to the 4 beneficairies ...

Thanks


Asked on 12/24/10, 5:57 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Generally, in a probate proceedings there are no opponents/respondents and a Public Notice is issued by court for filing objection, if any, by anybody interested in the matter in any manner.

If this the procedure followed by the Court where you propose to file Probate Petition, then there may not be a need to make other heirs of deceased parties to the petition.

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Answered on 6/03/11, 2:58 am


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