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Sunil Reddy (business)     27 August 2024

One property of the will was sold. is this will valid?

My mother wrote a Will bequeathing some of her properties to my sister. After 5 years, one of the properties in the Will was sold by my mother, and the sale document was signed by my sister. The sale document does not mention anything about the Will.

Q1: Is the will valid after the sale of the property, or does she need to write a new will with the existing property?

Q2: My mother included a property in the Will that she will inherit in the future from my grandmother after her death, being the only child of my grandmother. Is this valid, or could she write the Will only for the property that is currently in her name?

Thank you all in advance for your clarification



Learning

 7 Replies

P. Venu (Advocate)     27 August 2024

The facts posted is vague, disjointed and confusing.

What do you mean by "the sale document was signed by my sister."? How  can a person other than the owner sign the sale deed unless the person is duly authorised?

Is your grandmother still alive. 

It appears that the posting involves deeper isses. Please post complete facts.

 

Sunil Reddy (business)     27 August 2024

Originally posted by : P. Venu
The facts posted is vague, disjointed and confusing.
What do you mean by "the sale document was signed by my sister."? How  can a person other than the owner sign the sale deed unless the person is duly authorised?Is your grandmother still alive. 
It appears that the posting involves deeper isses. Please post complete facts.
 

Sorry for the confustion sir.
When my mother sold the property she executed the document and signed it. My sister has also signed the document, mentioning my sister as the daughter of my mother. My sister's minor children name is also mentioned in the document. It was the demand of the buyer asking to sign all the legal heirs - my mother and the sister signed whereas only the names of the minors were mentioned.

Yes, grandmother is alive sir.

Under these conditions, what is the validity of the will.

Shashi Dhara   27 August 2024

When testator dies the will becomes in force, the testator can sell willed propertiez during his life time only the remaining unsold property can be claimed, if he sells all items of will, will become useless after his death.

Sunil Reddy (business)     27 August 2024

Originally posted by : Shashi Dhara
When testator dies the will becomes in force, the testator can sell willed propertiez during his life time only the remaining unsold property can be claimed, if he sells all items of will, will become useless after his death.

Sir, the question is when the testator sells some property in the executed will, does she need to create a new will, or she can leave the original will, which included the properties sold.

kavksatyanarayana (subregistrar/supdt.(retired))     27 August 2024

In every Will, it will be mentioned that " after my death, the will become in force.  So as of the date of her death, the beneficiary can enjoy the remaining properties.  No need for a new will.

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

If some of the properties mentioned in the Will has been sold even before the Will came into force, then the Will shall be valid to the extent of the remaining properties beuqueathed in the Will.

If you want to avoid ambiguity, you can ask your mother to cacnel the Will and write a fresh Will containing the only property that is available now.

Besides she can bequeath the property to which she has clear and marketable title to the property, she cannot include the property which she is  anticipating to acquire

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 August 2024

By Adv Kalaiselvan

Besides she can bequeath the property to which she has clear and marketable title to the property, she cannot include the property which she is  anticipating to acquire

Your mother cannot specify in the will any property that she may acquire or become hers in future. But generally without specifying, she can mention all that she may acquire or become hers in future before her death.


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