1) on the basis of the death certificate, will of the deceased testator application should be made for mutation of house in the name of the beneficiaries under the will

2) it would have been advisable to obtain probate of the will .

3) in madras ( chennai) probate is mandatory .

4) the children can sell the property .

5) if it is not possible for beneficiaries to come to india specific power of attorney ought to be executed in favour of grand son

6) it is mandatory to register POA for sale of immovable properties

You are silent on the directions of Will as regards the devolution of title and how amny heris the testator left apart from one son and one daughter whom you have mentioned.

In other words the daughter has mere residential rights only which right ceases to exist with her death. Such right does not devolve upon her heirs.

Now if the Will is silent and the son reamains the other sole heir then he acquires titile in the property in exclusive right.

If there is other co-sharer with him and they all acquires title in equal shares.

Now in the context I am not sure the right of other children due to lack of information. If they have no titile in the property they can not give POA.

If they can give POA in the event they have shares in the property then such POA and subsequent title is valid as far as their respective shares are concerned.

No the general Power of attorney is not enough. The probate needs to be applied for. If the will appoints an executor then the probate must be applied for by the executor. However if such executor dies or is in wrongful conduct of the estate then the beneficiaries of such will can apply to the court to appoint another executor instead.

Currently their is no definite title and hence POA solving all complications is a wrong understanding. The probate proceedings need to be completed. Otherwise such property can become a matter off litigation.

1. It appears that the will bestows residential right to the deceased daughter of the late executor of the will after the demise of the said daughter all the surviving children shall have the right to sell off h property,

2. It has not been mentioned in the query as to in what proportion the sale proceed has been willed to be distributed. Will it be shared equally?

3. However, your client has two options as given below:

a) Either apply for and avail grant of probate as per the will , Or

b) Do not rake up the issue of the will since it will be a time consuming affair to get the rant of probate and get the property equally partitioned/settled amongst all the surviving children/legal heirs and get the property sold and proceeds equally divided. For making such sale all the legal heurs should sign the sale deed or execxute POA in favour of any one who will sign the sale deed for and on behalf of others.

4. Ask your client to file a partition suit o safe guard his share in he property.

who will succeed the property after the death of the beneficiary of the Will as per Will?

Whether those people are alive now to acquire the property?

If so, there is no need for the grand sons to initiate any process to dispose the properties, it will be illegal and invalid in the eyes of law.

The oldest son as a legal heir or the surviving beneficiary to the deceased beneficiary, can very well go ahead with acquisition of the property without taking consent or NOC from his children.

1. All the legal heirs of the property can enter into a family settlement deed and arrive at an amicable settlement amongst the legal heirs with equal share in the property.

2. In the family settlement deed, all the legal heirs voluntarily can agree to give POA to one of them and this way the problem can be solved.

1. The right of residence is not a right which can be inherited by the husband and children of the deceased.

2. Your clients should apply for probate of the will considering that the daughter who had the right of residence is now demised. An opportunity will be given to heirs of the demised daughter to contest the suit.

3. If the son or his father proceed to sell the property then your clients should immediately apply for injunction.