LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sreekanth (marketing)     16 October 2012

Property sale basis will deed

Dear Sir,

My Grand father has executed a will deed for a propery in favor of my father. The will deed is duly registered.Now, we want to understand if the property is to be registered in my fathers name or can we go-ahead and execute any sale deed/ any commercial transaction like executing Power of Attorney  for the said property.

My grand father has expired after executing the will.

Your valuable inputs are highly appreciated.

Regards,

Sreekanth S



Learning

 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     16 October 2012

If your grandfather has passed away after making a registered will, then the property or properties of your grandfather can be transferred to the name of the person as per his will unless it is ancestral property which will be distributed as per the relevant personal law.

For immovable properties, any transfer has to be done by a written, stamped and registered document. So, first the property should be transferred to your father's name (as per the will) if he wishes to sell it.

Many buyers are willing to negotiate with the seller like your father and then do the transfer in your father's name and then to their name after negotiations too.

So you can decide which is better for you. But my suggestion is that you get the property transferred inyour father's name first.

S Jadhav

sreekanth (marketing)     16 October 2012

Thank you for your valuable inputs, sir. In case, if the transaction is about getting in to an agreement for property development, can my father do so with out incurruing any substantial costs?

 

Regards,

A.SUMATHY 9380902017 (LAWYER)     16 October 2012

If property not belong to Chennai, Mumbai, Delhi, Calcutta, your father entitle to execute the any encumbrance like, agreement, sale deed or mortgage any thing.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register