Will and the specific clause ...
ts
(Querist) 29 April 2014
This query is : Resolved
Hello,
A will was made in 1970 which was duly probated in 1985 in favor of 2 legal heirs
A and B which included Property 1 and Property 2.
The executor of the will had put a clause in the will which stated that Property 1 will be inherited by A by giving B a sum of Rs.50,000/- and
the Property 2 will be inherited by B by giving Rs.10,000/- to A.
A and B had strained relations thus no act as per the will was done between them.
A issued a POA with rights to sale of property 1 in his possession before giving Rs. 50,000/- to B .The person who has the Attorney wants to sell the property now.
The query are-
1. Has the title of the property inherited by A before parting of Rs.50,000/- to B because the will stated that he can inherit the property only after he pays the amount to his brother B.
2.Can A issue the POA with selling rights to someone.
3.Can B in anyway stop the sale of this property before it is sold.
4.Can B also stop any new construction on this property.
5.Can B demand any increase of the sum of Rs.50,000/-as no sum was paid in 1985 when Rs.50,000/ had a big value and its a meager amount in today's times.
6.Can B refuse the sum of Rs.50,000/- and demand more and stop any sale or construction on this context.
Thanks...
P. Venu
(Expert) 30 April 2014
Rather than raising query on genuine problem, it appears you are trying to tease the experts and their knowledge. Your profile confirms it.
ts
(Querist) 30 April 2014
oh my god ...
nothing to say ...
V R SHROFF
(Expert) 30 April 2014
As u stated "I am a lawyer by profession and thus want some clarity to my position by my lawyer brothers in this forum who have knowledge about civil laws."
no more to add
Rajendra K Goyal
(Expert) 30 April 2014
In views of the comments from experts, no advise.
Surrender K Singal
(Expert) 30 April 2014
How does any Probate gets executed ? You may get most of your queries answered thee itself;
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
I prefer to stand with the opinions expressed by experts who chose not to make any suggestion to the academic queries.
