Legal Question in Wills and Trusts in India

Executor Rights

A beneficiary of the will is not cooperating with the rest beneficiary for giving up his residential possesion & selling up of property & raises an written objection to the public notice against the sell of the property. Can executors (having the probate) have the right to sell the entire property keeping his possesion & his share intact with the developer?


Asked on 3/04/07, 11:54 pm

4 Answers from Attorneys
Pravin Vaidya Independent

Re: Executor Rights

Please send me the copies of

(i) Will

(ii) Probate

(iiii) Objection raised by the beneficiary

to enable me to respond to your query

Regards

Pravin Vaidya Advocate

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Answered on 3/05/07, 12:46 pm
G. M. Gupta gmguptaandassociates

Re: Executor Rights

your problema has solution but the details are not sufficient

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Answered on 3/08/07, 9:01 am
Vivek Mapara Mapara Law Firm

Re: Executor Rights

Sir,

Your question is very incomplete, Kindly provide me with complete facts of the case, i.e. details of will, kind of interest of the beneficiary in the property, etc.

I will be able to answer you only after fully knowing the facts of the case.

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Answered on 3/06/07, 5:12 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Executor Rights

You can sell your rights leaving aside the person who does not want to sell, there is no bar, only thing is that you will not receive the market rate. The executors does not full right to sell unless all agree otherwise he can go to the court and ask for relief either to sell or not

B.Balasubramanya.

Advocate.

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Answered on 3/10/07, 11:22 pm


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