Briefly, a Hindu person has two self acquired properties in Mumbai A and B. He also has two sons X and Y and his wife has predeceased him. This person makes a Will that after his death such properties will go into a trust which will be controlled by X and Y as trustees and later their heirs, but there is no Executor mentioned in the Will.
Now after this person's death, X and Y do not probate the Will and jointly sell off one property B. Therefore,
Q1. Has this trust been created/executed?
Q2. Is the sale of property B jointly by X and Y valid in law i.e. is probate mandatory?
Now after many years and after both X and Y has died ,their heirs start fighting over the remaining property A, and it becomes necessary for one or more heirs to submit this Will to probate court for Letters of Administration.
Q3. Can probate via Letters of Administration be received now?
Q4. Can the original trust be made active now if it has not been already activated, with the remaining property A?
Thanks for reading and your informed answer will be much appreciated.