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. 

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.

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 

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.

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.

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. 

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.

Yes probate is valid

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

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. 

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.