Civil Procedure Code (CPC)

Will probate - help please


HI, I needs a small clarificaiton, if anybody suggets, its surely help for me. One Person Called "A" has no childrens and aged about 60 years and only legal heir is his wife ("B"). He did "Registered WILL" on 1998 saying his wife has to enjoy his(A) property and after her(B) life the property will go to his(A) brother's daugher("C"), in the will he(A)  specifically said that his wife(B) no rights to sell or mortgage, only enjoy until her(B) life. In 2000 he(A) died. In 2001 his wife(B) and his brother's daughter (C) both jointly executed a settlement to her(C) brothers name("D"). Now "D" only enjoying the property, he(D) changed the name in in corporation records. Now he(D) wants to sell the property, shall we buy the property? since i heard that in city property (chennai) only will valid after probate.  But B & C executed the settlement deed without probate, is it valid? In this case no other problem, since "B" and "C" still alive now. My friend says we execute a sale deed by adding "B" & "C" along with "D". is it right?. After I bought if i plan to sell in future whats the problem will come?.

 

Please don't mistake me for asking such a lengthy question as well if you find any mistake

 

Thanks.

 
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yes you can buy that property and probation of will is not necessary if the beneficiaries are consented and giving statement,feel free to call.

 
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