• Will entitlement

Sir my mother made a will for her grandchildren(Minor children's) year 1985.After that she sold her part and parcel of the land for her medical treatment during the year 1988.After that the remaining part of the property is in the name of the MInor children's as per the will.After that my mother demise during the year 1991.Hence we the guardians of minor children as per somebodies advice we made a probate at chennai High court during the year 2001 with out informing the sale of property by mother as above mentioned year(1988).Hence I am requesting you to give your legal advice weather the probate of will have a valid or not 
With Regards
V.Govindaram
Asked 1 month ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

Hi, The probate of the will is valid but you have to inform the sale made by your mother.  The Probate is the procedure where so and so person has executed the will. Nothing else. 

Pradeep Bharathipura
Advocate, Bangalore
4653 Answers
231 Consultations

4.5 on 5.0

1.  The Probate Decree of the deceased WILL shall remain valid to the extent of the remaining residual property of the deceased.

2.  Based on the Probate, you can Sale /Transfer /Gift /Donate /Mortgage /whatever.... (balance of the properties).

3. For selling Properties in name of Minor, you would need local Civil Court orders.

Hemant Agarwal
Advocate, Mumbai
2839 Answers
16 Consultations

5.0 on 5.0

If the concerned property is partly sold it should have been mentioned in the application fled before the Court.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1585 Answers
8 Consultations

4.9 on 5.0

Dear Sir

Section 213 of the Indian Succession Act, 1925 (the Act) provides that an Executor or legatee can not establish his right under a Will in any court unless a probate of Will is obtained. ... Probate means copy of the Will certified under the seal of a court of a competent jurisdiction.

Probate of a Will

It is pertinent to understand the process of obtaining the Probate of a Will. A Probate is granted by the High Court with the court seal and a copy of the Will attached. For seeking a Probate, the executor of the Will, as a Petitioner is required to file the petition (after making payment of applicable court fees depending upon the value of the assets) before the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through an advocate. Thereafter, the court usually asks the Petitioner to establish the proof of death of the testator, as well as proof that the Will has been validly executed by the testator, and that it is the last Will and testament of the deceased. After receiving the petition for a Probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate and it also directs the publication of a citation on board to notify the general public. If there is no objection, on the other hand, if the next of kin of the deceased files their respective consent to the grant of Probate, then court grants the Probate, however, if the next of kin of the deceased files their respective objections to the grant of Probate, then the Probate Petition becomes the testamentary suit, to enable parties to lead evidence in the matter.

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

It appears that Probate is granted by the high court.

If that is so then you have rightly taken the decision and there is no harm in having it even though taking of probate in your state is mandatory.

I am not sure why is bothering you even after grant of probate but once thing I would say that you have completed the procedure for putting into effect the Will of your mother and now you need not do anything except to relax on this account.

Devajyoti Barman
Advocate, Kolkata
18124 Answers
260 Consultations

5.0 on 5.0

Probate is compulsory in Madras but only if it is demanded or WILL is objected. Probate is sanction by court that WILL is duly executed and valid. Will is valid for remaining property. 

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

WILL can be probate in the court after the deceased of WILL maker's. So how the mother went to sale the property when the WILL maker was alive.

 

1988 who applied in the court for sale of property. Minor child mother or the grand mother (Will maker)

 

Kindly elaborate you question and be specific with every character and date accordingly.

Ganesh Kadam
Advocate, Pune
8266 Answers
69 Consultations

4.9 on 5.0

Yes probate is valid

Prashant Nayak
Advocate, Mumbai
14536 Answers
25 Consultations

4.6 on 5.0

will is valid for remaining said property. you can transfer remaining property. the probate of will is valid. 

Mohammed Mujeeb
Advocate, Hyderabad
11758 Answers
4 Consultations

4.5 on 5.0

Yes probate of will is valid and will be applicable on the remaining property which you have after selling transaction of 1988.

So your children can take ownership of remaining property. 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

Probate of Will is very much valid in respect of the proeprty which is still available as per the bequest made in the Will.

You can execute the Will as per the probate and get the properties transferred to your minor children name as per provision of law.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

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