Legal Question in Wills and Trusts in India
My mother left a will and on her death my sister took the original copy of the will with her. We both are executers of her will. My mother has left the property owned by her to me and some part of the bank deposits etc and jewelery to my sister. I am residing at the said property. My sister wrote to me through her advocate that she wishes to execute the said will, what does the term execute mean? Does the will have to be probated first and then executed? If my sister delays in probating the same, can I approach the court of law and get the will probated single handedly and on the photocopy as she has the original with her? How can I ask her to produce the original will in court of give me an attested copy of the same ateast?
2 Answers from Attorneys
execution of the will means the action as per will to be taken. will can be executed without probate if there is no dispute from the other side , whether will is registered or not check if registered you can file the probate, otherwise file a suit for declaration on the basis of the photocpoy of the will alleging the original with the sister. issue her notice for the production of document in the court.
you may file for probate on the basis of the photocopy of the will. As per the indian succession act, the court will ask the sister to produce the original in the court on your application. Execution of will is to comply with the terms of the WILL
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