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If executor do not perform duty even after the probate of will done


19-May-2025 (In Property Law)
My father expired in 2022.We are Hindus. My father had made a will which was declared by my brother in 2024 i.e. 2 years later. We are 2 sisters and has 1 brother. My brother kept the will in secret for 2 years. He is the executor of the will. There are some moveable & immoveable assets which my brother does not want to execute even after the probate of the will. We sisters are the legal beneficiaries. What legal action can i take on him ? Please advise.
Answers (5)

Answer #1
680 votes
In order to make your brother go for execution of the probate to a Will you must approach the Court for the same as and by way of administration and execution of probate. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRatoMumbai | 700+ Answers
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Answer #2
675 votes
Dear Client, Will need more details in this aspect, as to what are the actual claims and the benefits you are receiving Furthermore, we need to approach the competent forum wherein, probate has been obtained, for noncompliance of the terms of the will
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Advocate Devashish Dilip Wani

Adv. Devashish Dilip Wani

LawRatoMumbai | 25+ Answers
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Answer #3
888 votes
Hello There are multiple remedies in the law for your concern ..through that you all will get equal rights in Movable and Immovable Properties and for that, you need to discuss with the advocate in detailed
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Advocate Santosh S. Gaikwad

Adv. Santosh S. Gaikwad

LawRatoNavi Mumbai | 50+ Answers
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Answer #4
516 votes
Dear client based on your query, civil suit needs to be filled to seek removal of the executor for non-performance, also to ease this matter we can also help you regard the process and in legal ways for which you can connect with us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

LawRatoPune | 200+ Answers
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Answer #5
948 votes
Well, if the Executor is not performing its duty, you can get the Executor changed by appointing Court Commissioner as the Executor or you can simply file a Contempt of Court against the Executor who did not perform his duties as per the Will, despite Will got probated by the concerned High Court
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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