Legal Question in Wills and Trusts in India
Can a third party and not a legal heir stand surety for a petioner during grant of letter of administration/probate of a will and what are the legal implications of a surety in case the petioner is to able to execute the letter of administration as stipulated by the court , if a surety furnishes proof /documents towards the amount which is the valuation of the property can the court ask the surety to submit the amount to court in case the petitioner fails ....
1 Answer from Attorneys
No surety is asked for in the grant of letter of administration/probate of a will unless there is some complications in the matter. So it is upto the surety who is willing to stand surety to explain the position of the petitioner and the property. The surety will be held liable for all the things he has agreed to as a surety and is bound by the court order.