Probate of Will
3 years ago
My brother and we 3 sisters are the co-owners of a land property situated in mumbai. My brother has expired and has left a will regarding the distribution of his share in the property to his successors. I am the executor of the will. The property is a joint family property and we are having 1/8th share in the property. Out of this 1/8th share, we 4 children are 1/4th share each. The property is currently not in our Hybrid: Aggressive Hybrid
Analysts' Choice?
possession. We are not enjoying any rights in the property. Is it necessary for me to obtain probate of the will of my brother in order to distribute his share of the property? Is there any concession in court fees for probate? Kindly guide me on this issue.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Probate means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator. A probate can be granted only to the executor appointed under the Will. And probate is necessary for distribution of property, however, court fees would vary depending upon situation.
Under Section 57 of the Indian Succession Act, the Will is required to be probated. Moreover, court fee depends upon various factors.
Unregistered will without signs of witnesses
can a BENEFICIARY in the will be appointed as an executor
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