Writing a wall
MADHUSUDAN G R
(Querist) 02 February 2018
This query is : Resolved
My testatrix has one house. After her death, she wants 66% of the sale proceeds of the house to go to his younger son, as he is only taking care of her health, hospitalisation etc., and 34% to her elder son, as he is least bothered about her and abandoned her.
Her fear is that what happens, after death, if the elder son does not co-operate with the younger one in getting the title of the house the transferred to both their names, as he would get 34% only Will it not lead to lengthy litigation in the court of law.
My question is, whether an executor, appointed by her can get the property transferred to his name, sell and apportion in the said percentage, in order to avoid non-cooperation and litigation process in the court of law?
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Dr J C Vashista
(Expert) 04 February 2018
Of course the executor has been granted all the powers to disburse the properties as bequeathed by testatrix through her will.
Kumar Doab
(Expert) 05 February 2018
The valid WILL can be contested.
Even if it is registered.
The WILL does not confer ownership until IT has surfaced and has passed test of law and it acted upon without any cloud on it or has been probated.
It is mandatory to probate the WILL in areas of Bombay, Madras, Kolkota…
The owner may think if she agrees upon other perspectives e.g; Settlement deed with life rights..
Kumar Doab
(Expert) 05 February 2018
Central Government Act
Section 307 in The Indian Succession Act, 1925
https://indiankanoon.org/doc/221182/
http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
It i with limited understanding that ;The executor may require consent of beneficiaries for sale and beneficiaries to sign sale deed…..or court order for sale…
