Legal Question in Wills and Trusts in India

Wills - Resignation of a joint executor

My late father named myself and my younger brother as joint executors of his will. My younger brother resigned his position as a joint executor. Pl. clarify 1. My other brothers claim that I cannot act as a sole executor and as such an application is to be submitted to the court to appoint an administrator. Is there any provision under law that I can be removed from my executorship?

2.My other brothers retain certain documents pertaining to the property and refuse to part with the same. How to get these documents?3. My father left no liquid assets. No money is available for probate and legal expenses and I have already spent lot of money. My other brothers do not like to spend money. What is to be done?4 Finally, two brothers stay in the house valued at Rs 2 Crores and refuse to vacate. They also informed that they will not sign any document like agreement to sell etc., What is the way out to discharge my duties to realise the proceeds and to share with the beneficiaries.


Asked on 3/27/07, 2:12 am

1 Answer from Attorneys

G. M. Gupta gmguptaandassociates

Re: Wills - Resignation of a joint executor

contact legal service authority who provide free legal service for poor persons. you have the option to file a suit for partition or go for probate.

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Answered on 3/28/07, 9:53 am


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