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EnlightenedMonk (sdasdfsdfsadf)     22 January 2011

Question regarding Will

My grandfather has bequeathed me in his will. In that he has clearly mentioned that after him the property goes to my grandmother, then tomy uncle and then to my aunt and finally comes to back to me after the death of all the above mentioned people (since my uncle has no children). But, there is no clause restraining them from liquidating the above mentioned properties. Also, one of the properties listed in that is claimed by my uncle as something my grandfather has himself sold off (after making this will). On asking my uncle as to whom the property has been sold to, he refrained from answering.

Is there any catch in this will? I am afraid that this may be an eyewash since there is no restraining order on them dealing with or liquidating the property. Since they want to probate this will, can I raise these objections during the probating? Or would there be any better avenue for me to raise my objections?

Also, if my uncle decides to adopt a child tomorrow, what would be the validity of this will vis-a-vis me? Would the adoption of a child automatically invalidate this will?



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 2 Replies

niranjan (civil practice)     22 January 2011

You have no other avenue except to take objection in the probate proceeding.

s k s k sarma (advocate)     23 January 2011

it is well settle law that once the will executed with life interest clause, the successor have every right to alinate the property during his life as  he will get absolute right over the property under the will not limited interest


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