Legal Question in Wills and Trusts in India

my father had made one unregistered will with two proper witness and made his one of minor grandson as successor and made my mother as legal guardian

can this will needs to be probated if so where because property mentioned has jurisdiction of two state.

no administrator mentioned can my mother who has been mentioned as guardian be treated as administrator.

in will he mentioned fd,bank a/c and other thing but not exact fd no. a/c no. but mentioned bank name etc.cud it be treated as valid.

Asked on 5/05/13, 7:26 pm

3 Answers from Attorneys

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dear client..

need to examin the WILL before making any advice ....kindly mail me the WILL at uttamtibrewal@yahoo.com so that accurate advice can be made...

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5/05/13, 11:24 pm
Fca Prashant Chavan Expert Edge LLP
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06.05.2013

Dear Sir / Madam,

The Will has to be backed by a Probate from the Court for transfer of property in the name of the beneficiary.

In the absence of an executor named in the Will, your mother can apply to the Court to be permitted to represent as the executor.

The bank details, even if slightly inaccurate, will be treated as valid.

Regards,

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5/06/13, 3:36 am
Jayesh Desai Jayesh Desai
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1) Yes, the Guardian can act as the executor.

2) Probate can be applied in any one of the states, where the property is located and you should mention both the properties.

3) In Probate - you shall need to mention the exact number, from Will as long as you are able to identify the account, that is sufficient, exact number of account is not a must. It will be a valid Will.

4) Of course, this is on a presumption, that Will has two witnesses, and both of them signed in the presence of the testator. and they saw Testator putting his signature on the Will.

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5/10/13, 2:51 am

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