1. Yes the executor can sell without any sign from other heirs. 

2. Yes

No, the executor can't do like that, first he has to probate WILL from court. At that time if any other legal heirs any objection that can be applied in the court.

1) Executor should apply for probate of mother will 

2) probate is judicial proof that will is genuine 

3) then sell the property 

4) any purchaser would insist on probate before purchase of property 

1. First apply for grant of Probate of the Will. 

2. In the said proceeding its better to apply for permission of court though without this liberty also the executor can start selling the property. 

3. Since at that time Probate may not be granted the executor require the signature of all legal heirs to sell the property if the same is immovable. 

4. So acg accordingly. 

It is advisable to apply for probate 

2) although probate is not mandatory in Delhi any bank while sanctioning loan to purchaser for buying property may insist on probate 

Will is legal that is why the executor appointed through Will is all authorized to sell

Let mother sell the property during her lifetime and distribute sale proceeds among her children 

The will has to be executed by the person appointed. He doesn't have to take any permission from the other shareholders.

Yes it is a valid registration.

The terms and conditions  of the will have to be executed by the person appointed. All the heirs cannot stop him from doung so unless they challenge the wil itself.

Ok so if the mother is alive then it can be executed after her. Meanwhile the terms are correct.

Hello,

1. After the demise of your mother, the executor, will have the authority to execute the Will as per instructions and would not therefore require the consent of other heirs for the execution.
2. The executor will have to present the Will to all the stakeholders after the passing away of the mother, preferably in the presence of the witnesses to ensure that everyone is aware of the stipulations.

- Since, the share in percentage of the sale consideration amount is given , hence as per the said WILL , selling is mandatory of the property , and hence consent of each legal heir is also mandatory for selling the said property. 

- If, all the legal heirs will not agree for selling the said property for the distribution of the selling amount , then you will have to approach the court for taking a Probate order of the registered WILL .

1. Others sign i.e consent is mandatory , otherwise any one can approach the court after selling the property. 

2. No, 

Whether WILL is registered than no issue in it, but if any legal heirs take objection in the future than you the WILL needs to probate from court.

If mother is alive than kindly make a partition deed and she can keep controlled on it as current income for her day to day expenses. So there should be no conflict in the future through this WILL.

NO. Other heirs can object to executor if property sold for lower price or bring loss. Full amount should receive by executor and than distribute between heirs.

To secure the deal for buyer, other heirs should give POA to executor to act on their behalf. Otherwise executor alone can sell the property.

WILL is effective demise of testator. And she can be revoke or change WILL, any time in her life time. At present WILL has no legal existence.

The Will comes into effect after the death of your mother.   However, she may execute Gift Deed as per share mentioned in the Will.  In the Gift Deed, only stamp duty as per circle rates is to be paid plus registration charge.  On the basis of Will, all the legal heirs can get Gift Deed from their mother (the expenses for which can be shared as per the respective share of the legal heirs) and on the basis of Gift Deed, all the legal heirs can enter into agreement to sell as per their share and execute sale deed in favour of buyer as per their share and get the sale proceeds from the buyer as per their respective share.

Secondly, after the death of mother, the legal heirs can enter into agreement to sell and sale deed as per their share mentioned in the Will.   The movable assets can be assessed by the executor from the approved Valuer  or can be sold by the executor and sale proceed can be  given to the legal heir as per their respective share.

If he has given exclusive authority by the testater to be executor then he doesn't need their permission. 

Yes it's a valid transaction

1. A WILL executed by a person is not valid during the lifetime of the person executing it.

2. The WILL becomes valid only after the death of the Testator.

3.  Registration of WILL is optional and not mandatory. Unregistered WILL will also have the same legal validity as that of a registered WILL.

4. If the mother is alive and does not want any disputes in future, let her execute a registered Gift Deed in favour of all her children. The moment the mother executes a registered Gift Deed and her children accept the gift as Donees, the transfer of property is effected in the names of her children.

Dear Sir/ Madam,

Have you moved the application for probate of the will. If not so kindly do the same and ultimately make prayer in the application regarding executor be ordered there. Contact kaanoon.com lawyers for better guidance.

During the lifetime of mother the terms of Will can not be put into effect. 

1. AFTER demise of Mother, the Executor is the sole discretionary authority to put the will into operation PROVIDED the legal heirs have not raised any legal dispute.

2. IF the legal heirs do not challenge the WILL,  THEN the Executor will dispose of all properties, collect payment in his own name and distribute it as per the terms of WILL, without any legal reference to other legal heirs.

Upon enforcement of the Will, the executor, who has been authorised to execute the bequeath made in the Will, can independently sell the property as had been authorised to him in the said Will.

But he has to get the signatures of the cosharers in the registered sale deed at the time of executing the Sale deed.

The executor has to follow the procedures of law as mentioned above to validate the sale deed.

.

 If the property  is still in probate, the ordinary and usual way to sell is for the executor  (administrator) to petition the court for approval of the sale. Consent of all beneficiaries not   required. If it already is owned on  record by all the beneficiaries, they can file a suit for partition, and the court will order sale.

The mother who is the testator can always cancel the Will even if it is registered.

The question comes only when the Will becomes enforceable.

At that time the executor can apply for probate of will  to sell the property as per Will.

probate of will is important and if the property was sold by the legal heirs without the probate and proper execution of will then the other legal heirs at any time may challenge such transfers of property. 

1. The will has to be perused to determine whether the executor has the competence to sell the properties without the consent of other beneficiaries.

2. You may consult a lawyer from this portal with a copy of the will in question.

1. Will comes into operation only after the lifetime of testator.

2. I repeat that unless the will is perused no opinion can be formulated on the competence of the executor.

Buyer will invariably ask for Probate of the Will.  When the Will is got probated it gets legal sanctity.

1) No

2) Risky proposition to buyer.

A prudent buyer will always insists for probate, it will be risky proposition for him / her if all the beneficiaries are not party to the transaction.

Thus, better to probate Will  

Two options:

1) Let her create a Will distributing the property to all her heirs accordingly to her wish by clearly demarcating with boundaries and giving every possible details describing the property bequeathed to the beneficiary.

2) Sell all her properties and distribute money to all accordingly.  No complications.

1. No executor doesn't need consent of all legal heirs before disposing the property of mother as per will.

2. If other legal heirs raise objection for selling of properties then they need to probate the will through court.