Will
G.M.Rudraswamy
(Querist) 12 March 2016
This query is : Resolved
Sir i want one legal advice on will property that, 'A' the executor of will died intestate leaving behind a registered will wherein executor daughter in law - 'B' having enjoyment of life interest on the will property and according to terms of will after her death only the said will property shall be devolved in favour her children C,D,E,& F... 'B' is live now and now "B" along with her children viz., C,D,E,F both jointly can sell the will property in favour prospective purchaser....
gmrswamy85@gmail.com
SURESH BV, Advocate
(Expert) 12 March 2016
DEAR GM RUDRASWAMY,
"A" has executed a Will. Therefore, "A" died testate and and not intestate.
Since, "B" has a life interest in the property, which means that she should enjoy the property for her life time. Therefore, I feel that "B" along with her children viz., CDEF can not sell the property. The intention of the Testator is to secure "B" through-out her life. Hence, "B" joining with her children also can not sell the property.
Adv. Yogen Kakade
(Expert) 12 March 2016
If B is the beneficiary as per the will.. the property has to be transferred in her name and she only can sell the property.
Rajendra K Goyal
(Expert) 13 March 2016
Show the document to local lawyer and discuss in detail.