The testator cannot bequeath the property to which he does not have marketable title.

If your uncle has allotted more property than his entitlement, then administrator of the will can either accept to execute only that share to which the testator was entitled or to face the court proceedings for a decision to be taken by court in a suit filed by the co-lessees.

The solution lies in an amicable settlement or through a court of law.

The other shareholders can issue a notice to this effect to the administrator seeking to refrain himself from proceedings with unlawful activities as described in the notice or else to face the music of law in the court of law.

Uncle cannot bequeath more share in property than he was legally entitled to

2) administrator should apply for probate of will

3) if at all administrator creates third party interest file suit to set aside said transfer made on the grounds that uncle did not have the share in the property that he bequeathed by will

1. yes, kessee can create a trust in respect of leasehold interest and there is no bar on it.

2. Creation of third party interest is valid by a lessee .However since the subject matter of trust covers more area then the settlor is entitled to you can file a civil suit to declare the trust as null and void on this ground

1. The Co-lessee can not create charge on more than the right of lease than what he is holding.

2. if he has also signed the Memorandum of Family Arrangement which entitles him to exercise right on a portion of the said property, then his creation of trust on the portion of the property more than he is entitled is void at law and is invalid in the eyes of law.

3. No third party interest can be created on the property on which he has no lease right.

4. Do not allow such creation of third party interest on the said property and lodge police complaint if any forcible action is taken in this regard.