Legal Question in Wills and Trusts in India

House was partitioned by high court decree and testatrix, A and B were allotted 1/3rd share each in the house.

Testatrix had executed a valid registered Will making A beneficiary of her one-third share in the house property. After testatrix died A filed a probate petition. B gave a no objection to the said registered Will.

I of my own due to my love and affection for you, I say -

1. that whenever full house is sold A will make 4% extra payment to B of value of one third share in the house property allotted to him long time back in partition of the said house.

2.That B will not go for specific performance and demand for selling the house.

3. It is made clear that 4 % to be given as mentioned above if full house is ever sold as aforesaid mentioned does not mean that B will have ownership rights in Testatrix shares in the house.

I do not want to sell the house,can B file a application in court that A is not selling the house and not giving my 4%.

I want to know whether the above Clauses are valid and not void thank you


Asked on 5/07/21, 6:07 pm

2 Answers from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

in my considered opinion, the beneficiaries are bound to follow the contents of the will.

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Answered on 5/12/21, 1:57 am
Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

unless the contents of the will are contrary to law.

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Answered on 5/12/21, 1:58 am


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