Legal Question in Wills and Trusts in India

If the executor named in the will refuses to act , whether the first beneficiary named in the will (second being younger brother who is intentionally disputing the registered genuine will to delay the process) can apply to the court and obtain Probate or Letter of Administration ? If so, what are the formalities to be complied and how to apply to the court ?

Thank you.


Asked on 3/13/13, 2:44 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

If the executor does not fulfill his duty then in that eventuality the beneficiary(ies) can file a petition for Probate , of course with the help of a lawyer. .............................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 3/13/13, 3:24 am
Fca Prashant Chavan Expert Edge LLP

13.03.2013

Dear Sir / Madam,

(Kandivili East, Mumbai, Maharashtra)

If the executor named in the Will refuses to action the Probate, the beneficiary named in the Will is entitled to move the Court for obtaining the Probate.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/13/13, 5:23 am


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