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Inheritance of property through will
07-Jan-2026 (In Wills / Trusts Law)
Hi, A testator executed a will bequeathing her property to her brother. After her death, probate proceedings were initiated by the executor. Before probate was granted, the beneficiary (the brother) died intestate. Probate of the will was subsequently granted. Thereafter, the daughter of the deceased beneficiary proposed to sell the property.
In the absence of a will executed by the beneficiary, does his daughter have the legal right to sell the property bequeathed to him under orig will ? Thank
In reply I would like to state that the answer of your question depends on whether the beneficiary has only one daughter or any more legal heir. if he has only one daughter she can sell the property bequeathed to her father under the original will but if the beneficiary has more than one heir then the property becomes divisible into two or more parts and then the daughter can only sell her portion
Helpful?
Adv. Abhishek Dutt
Kolkata | 5+ Answers
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