Non-disposal of will by executors
1. My uncle died in Sept 15. His Will was opened in Feb 16.
2. He had Willed his house in Chandur Maharashtra, costing about rupees two crore to 11 people.
3. Two men out of 11 were appointed by him in his Will as the Executors. Most of the other beneficiaries are women and do not have knowledge of disposal of will matters. They have no knowledge of working on e-mail or dealing with legal matters. They do not find any reason to go for Police FIR.
4. One of the above two Executors is about 80 year old person who is USA citizen and lives in USA. He says that he has no strength or money to come to India to deal with Will matters, nor is he willing to legally give away his role to anybody. He directs anything arbitrary to his co-Executor.
5. The other executor lives in Mumbai and he is also not acting in any formal manner to dispose of the Will. All beneficiaries are afraid that he has plans to usurp the whole plot with house.
6. Even after more than two years, the Executors are not doing anything worthwhile and if anyone asks any question, they fight, frighten and abuse the beneficiaries.
7. The Executor living in USA says that he does not come under Indian Law and hence nothing adverse can ever be done to him.
8. The Executor in India is a retired judicial official and says that even legal actions cannot be taken against him. He knows how to manipulate lawyers.
9. Moreover the women beneficiaries do not have idea how to approach the court and they do not have money to approach lawyers.
10. The remaining nine beneficiaries want to change Executors but they are afraid of consequences due the Executors acting against them and further confusing the matter, as well, that none of the remaining nine beneficiaries lives in Chandur, Maharashtra. They live at different places in India.
11. Kindly advise how to deal with this complex and sticky situation.
Asked 4 years ago in Property Law