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
2 Answers from Attorneys
in my considered opinion, the beneficiaries are bound to follow the contents of the will.
unless the contents of the will are contrary to law.