Legal Question in Wills and Trusts in India

If the main beneficiery(lady) in the registered ginuine will unable to apply for Probate or file Partition Suit (due to financial problem) and the second beneficiary Younger Brother) is falsely/intentionally disputing the genuine will as bogus one mainly to delay the process and thereby earn more money by way of tuitions in the disputed flat, what course of action can be taken to settle the matter at the earliest. In this regard kindly note that all the efforts by the family members for amicable settlement were failed.The Executor named in the will refused to act because of pressure/influence from the other beneficiery.


Asked on 3/15/13, 11:33 am

3 Answers from Attorneys
uttam Tibrewal

dear client...If the executor of the WILL refuses to act then nothing can happen.......

let it be as it is....

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Answered on 3/15/13, 11:22 pm
Fca Prashant Chavan Expert Edge LLP

16.03.2013

Dear Sir / Madam,

(Kandivli East, Mumbai, Maharashtra)

Since both the parties are beneficiaries named in the Will, the only option left is to amicably resolve their dispute and proceed as per the Will.

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 3/16/13, 6:14 am
Jayesh Desai Jayesh Desai

In the wake of the Executor not acting, any beneficiary can apply for probate. Court will decide, whether a Will is genuine or not.

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Answered on 3/18/13, 11:15 pm


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