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sanjay jadhav (technical supervisor)     18 November 2011

Probate of will & nomination

> Respected Sir,


> My maternal uncle used to stay in Goregaon {Mumbai), he was unmarried
> He had purchased three rooms house (from mhada)
> he died in January 1998. he had prepared will in 1992 in which he
> had asked to form trust of three of my cousin brothers one of them will be
> Executor but till this date legally trust has not been formed. In will my uncle had asked to use the fund( by selling his property} for development of his native place . Sir here is
> question is it  necessary to probate will? because without this procedure my Executor
> brother had distributed my uncles native village property as per his will
> but he was trying to transfer my uncle's Mumbai house in the name of his
> own sister and her husband without  taking any consent of other
> trusties.At the time of purchase of flat my uncle had nominated my mother
> & other two uncles as nominee My mother expired in 2008,
> another my maternal uncle who was nominee also died in 2009. out of
> above three nominees only one is alive, his son is also trying to make
> the property on his father's name. Being a son of one of three nominees
> do I have any share in this property?
> Do my Executor cousin have any right to sell or transfer this property
> without taking consent of nominees and other trustees? after almost 14 years of my uncle's death does my  Executor brother have right to execute the will? please guide me in this matter. please give answers of these questions briefly.

 

Sanjay Jadhav

9892798747



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