You should file a probate case for grant of letter of administration and appointment of executors from court to distribute the share amongst the beneficiaries. The probate application should be filed jointly by all the beneficiaries pointing out that executors of appointed in the will are not acting and thus court should appointed an administrator.
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 6 years ago in Property Law
Religion: Hindu
9 Answers
Section 232 of Indian succession act deals with three identified situations. The first is where no executor has been named in the will executed by the deceased. The second is where though an executor has been appointed by the deceased in the will the executor (i) is legally incapable; or (ii) refuses to act; or (iii) has died before the testator; or (iv) had died before he has proved the will. The third situation deals with a case where the executor after having proved the will has died but before the estate of the deceased has been administered. In either of these situations Section 232 provides that (i) a universal or a residuary legatee may be admitted to prove the will; and (ii) letters of administration with the will annexed may be granted to him of the whole estate or of such part of the estate as remains to be administered.
2) beneficiaries can apply for LA
Section 232 in The Indian Succession Act, 1925
232. Grant of administration of universal or residuary legatees.—When—
(a) the deceased has made a Will, but has not appointed an executor, or
(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the Will, or
(c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, a universal or a residuary legatee may be admitted to prove the Will, and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.
So you can apply for letter of Administration under 232 india succession act.
you ask the others to give you the power to file a suit in the court, and you can ask the court to execute the will as the wish of the deceased. and about getting the POA from abroad is very easy the NRI can get it attested from the India consulate and all those residing in India can give you authority or POA and then you can proceed.
Hello,
Ask the beneficiaries to file a probate case in the court, as and when the court will issue notice to the executors the executors will appear before the court and in case if they fail to appear then the court without them will probate the will and thereafter the benefit of the will can be enjoyed by the beneficiaries.
Regards
The will can be probated. You can take action against retired judicial officers as they come under purview of law. Judicial officers have only protection towards their actions taken in good faith. The person under US if in India or of Indian origin comes under the purview of Indian law. It is better to appoint a lawyer who can take care of the same. No one can usurp the said plot alone.
Hi,
You are suggested to contact a local person who understand the knowledge and intricacies of the things mentioned in will. The ask the specific questions which would be replied/suggested.
If the executors are not showing any interest in enforcing the will nor they are cooperating with the other beneficiaries then the other beneficiaries may initiate action for enforcing the will on their own.
They have to manage litigation expenses on their own.
The beneficiaries are entitled to a share hence they can file a suit for partition and separate possession of their legitimate share.
Dear Client,
Its not easy to manipulate lawyer or judge until not of low esteem.
File for probate, all things will get settle. Dosen`t matter where the executor lives, law of India will prevail. Any beneficiary can file for probate or on his/her behalf, Power of Attorney Holder.
