Legal Question in Wills and Trusts in India

Will Probation

Father left estate to 4 sons & 4 daughters. Sons do not wish to give anything to sisters. Sisters want to probate the will. The executor does not want to probate the will, what do we do? One of the brothers is unwilling to vacate a kothi. Will calls for either sharing income from estate or creating a Trust that would be administered by 2 sons & 2 daughters. Can the probate help in this situation? We are sikhs.


Asked on 1/07/09, 7:30 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Will Probation

The Sikhs are governed by Hindu Law.

If the property is ancestral, the will is meaningless. the law of inheritance will follow.

If the property is self acquired, the will can be probated and execution should follow the court order.

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Answered on 1/07/09, 7:58 pm


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