Legal Question in Wills and Trusts in India

1.After the death of the Testator if the Executor of the Will refuses to get Probate whether one of the two beneficiary of the Will can apply to Bombay High Court without the consent of the other beneficiary and obtain Probate ?.

2. If so whether the woman beneficiary is required to pay any Court Fees to get Probate? What amount?

3.If the other beneficiary objects and disputes the Will as bogus and not genuine and the Executor backs out whether still the first beneficiary can apply for Probate and become the Administrator of the Will?.


Asked on 12/09/12, 10:12 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions are here in below for your perusal :-

1) YES

2) Its a fixed fee at the time of filing the probate but once the probate is granted by the Court then 4% on the value of the properties .

3) YES.

Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 12/12/12, 1:21 am
uttam Tibrewal

dear client

yes one of the beneficiaries can apply for the probate of the will . yes one have to pay the court fees....

yes you can apply as probate of will is necessary ....

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Answered on 12/14/12, 12:15 am


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