Probate will even though the property mentioned in the will

Sir,

The pertinent questions are:

Who sold the property after the death of the owner?, who was the signatory to the sale deed?, whether he/she had any authority from the owner to sell? The reply to these questions will prove the legality of the sale deed. Illegal sale will attract criminal proceedings.

Secondly, if the property does not stand in the name of the testator, he has not right to WILL the property, hence the question of probate of such property does not arise.

Good Luck,

Kishor Mehta

the owner had prepared the will that his wife can enjoy the property and cannot be sold as long as she is alive 

the same was sold by the wife daughter and son as if the will did not exist the existance was known to the wife and son this was not told to the daughter and the share appropraited by the wife and son 

now the daughter who was living with the mother is being told to get out of the property brought from the proceeds of the sold property 

when the will was specific that it could be sold only after the death of the wife and the proceeds shared by the son and daughter after the death 

now does the daughter claim her share and can this will be probated the said will had been registered and yes the property had been sold immediately after the death of the owner

The Will can be probated but the beneficiary was a party to the sale of the property which was sold with the consent of the wife of deceased who had life estate interest in the property hence what is the use now of probating the Will instead the daughter can file a partition suit  seeking her legitimate share  in the property which was bought out of the sale proceeds of the Will schedule property, this will give her some relief.