• Indian Succession Act, 1925 - Recourse available to Legatee

Sir,

District Court at Delhi has issued Letters of Probate u/s 276 & subsequently Executor appointed under Will has executed an Administration with Surety Bond u/s 291 ISA and has started administering the estate.

Executor, who is also one of the two Legatee's under WIll, has handed over in Probate Court a property bequeathed to other Legatee, however has not handed over the entire of the property, but has rather retained a part of it for his own use (in his capacity as Legatee) claiming said part falls to the share of his (Executor's) portion. A plain reading of the Will shows other wise and even the Executor is not relying on the Will but rather basing his retention of said part on the use of the same prior to the demise of Testator.

Administration is not complete and Executor is getting extensions from the Probate Court for rendering accounts etc. Hence, administration is subsisting.

Within a few days of realising property not handed over in accordance with Will, Legatee brought the same to notice of Executor, however, no response resulted in Legatee filing Appl u/s 151 CPC to Probate Court for directions to Executor to hand over balance part in accordance with Will.

Query: Does Probate Court (to which bond is assigned) have jurisdiction to adjudicate on application? If so, under what section? If not, what recourse is left to the Legatee?

Thank you.
Asked 3 years ago in Property Law from New Delhi, Delhi
Yes, Probate court does have jurisdiction to pass order on executor or legatee for proper management of Willed property.
Devajyoti Barman
Advocate, Kolkata
8555 Answers
102 Consultations

4.9 on 5.0

1. Probate Court has the jurisdiction to direct the executor to manage the said property strictly as mentioned in the Will.
Krishna Kishore Ganguly
Advocate, Kolkata
14603 Answers
338 Consultations

5.0 on 5.0

yes probate court has jurisdiction to adjudicate on application filed by you to direct executor to manage property as per the will .
Ajay Sethi
Advocate, Mumbai
32317 Answers
1785 Consultations

5.0 on 5.0

Inventory of property and assets and debts and accounts to be put in—A person to whom 
a grant of Probate or Letters of Administration is made is required to file a full and true inventory 
of the property and credits of the estate and of all the debts owing by any person in Court within 
six months, or such further time as the Court may allow from the date of the grant and to render 
accounts within one year, or such further time as the Court may allow (Section 317).
Ajay Sethi
Advocate, Mumbai
32317 Answers
1785 Consultations

5.0 on 5.0

thanks for your appreciation . make an application to probate court under section 317 of indian succession act   as the executor has refused to hand over the property as per the will . in the event probate court refuses to act then you can move the HC in this regard.
Ajay Sethi
Advocate, Mumbai
32317 Answers
1785 Consultations

5.0 on 5.0

thanks for your appreciation . best of luck
Ajay Sethi
Advocate, Mumbai
32317 Answers
1785 Consultations

5.0 on 5.0

Mr. Sethi has rightly suggested.
Krishna Kishore Ganguly
Advocate, Kolkata
14603 Answers
338 Consultations

5.0 on 5.0

query is resolved
Ajay Sethi
Advocate, Mumbai
32317 Answers
1785 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer