Legal Question in Wills and Trusts in India
Dear Mr Kalra, Thanks for your reply to my question - My parents had made a Will jointly. The parents had also made it clear in their will that, either of them, who survives shall enter into posseshe all sorts of properties. After their death, they have have desired through will hat their entire movable and immovable properties should be bequethed to one of their daughter-in-laws. Now, my mother and her duaghter-in-law want to sell the flat, where. Whether both of them have to seek Probate individually or jointly? Since the flat was owned jointly by the parents, I understand that, the daughter-in-law inherits my father's share of property through the Will. And my mother retains her share. we seek your opionion and how should we proceed in the matter.
Your answer - Is your father alive ? Will is operative after the death of the testator. If your father is alive then your parents can sell the property without any hitch.
Questio - No sir, my father has passed away three years back. My mother and I feel, my younger brothers may not co-operate and obkect to Probate. Then it may turn into a suite. If my mother reiterate the fact stated in the Will that, none of the brothers excpet me and my wife, has taken care of them. Also, whether the Judge not take into consideration the intent of the Testators (out of the two, one is alive) into setting aside the probate in favour of my wife?
1 Answer from Attorneys
Who is the owner of the property which you are wanting to sell ? If your father was the owner of the property then your mother could not have will the same. I would like to know the content of the will as well. Please clarify.
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