victim (service) 06 March 2010

WILL OF ANCESTOR PROPERTY

Sir, my grandmother before her death had made a registered WILL, in which she stated that what soever was possible for her she had given to her daughters (3) during their marriage and now they or their successors will not interfere in her house property(which is in her name, purchased by my late grandfather in Delhi) and her eleder son (my father) has full right to sale it and the money so received will be equally divided between him and his younger brother.

Kindly tell now if my father want to sell the property then do he require the NOC from all sisters (3) and brother (1) and their children?

What are the other legal formalities that need to be done?

Regards.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 07 March 2010

If your father got this house thru., will executed by your grandmother then he is the absolute owner of the house property on the basis of the regd., will. He need not to take permission from others to sell it. If still house is in the name of grandmother then your father has no absolute right over the house property, he cannot sell it alone.

victim (service) 07 March 2010

Thanks for the reply. House is still in th name of my grangmother. what my father has to do now before selling it?

Regards,

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 07 March 2010

In law, the property in the name of woman is treated as her absolute property. The concept of ancestral or coparcenary is not applicable to the properties in the name of woman.

Hence the property of your grandmother was her absolute property and she was entitled dispose of the same as she wish.

Consequently your father and his brother are absolute owners of the property derived under the will. NOC or consent is not required from his sisters.

victim (service) 07 March 2010

Thanks Sir for your reply, I am having one more query in this, as this property is in Delhi and we had paid all the instalments but had not taken NOC from DDA. So what is the procedure to transfer the property in my fathers name.What will be the stap duty or registration fee that we have to pay?

Can the same be selled without transfering it to my fathers name?

Regards,