Can i have right to sell my fathers property
Raju kumar
(Querist) 09 October 2013
This query is : Resolved
Dear sir, i am a paraplegic, spinal cord injured patient, my father has a self owned property and he made a will in that property stating that after his death that property belongs to me, and after my life that property belongs to my brothers son.. Now A).Do i have right to sell or pledge or lease that property during my life time?. B). Can my brothers son has the right to sell or pledge or lease that property when i am alive?
Raju kumar
(Querist) 09 October 2013
Thanks sir, now i am going to do bladder augmentation surgery and going for a stem cell theraphy, for that i need money, can i sell that property sir, do i need to get permission from my brothers son to sell that house.
ABDUL RAZIQUE
(Expert) 10 October 2013
you can sell the property and no need to take permission from your brother's son.
Ms.Nirmala P.Rao
(Expert) 10 October 2013
Dear Client,
Your father had not conveyed an absolute interest in the property in your favor and he has created a limited interest/estate only; same is the case with your brother's son. So, both of you as limited owners of the bequeathed property under the will has no right to sell the property and you both have only a right to enjoy the property during your lifetime.
Raj Kumar Makkad
(Expert) 10 October 2013
If there is no restriction clause in the will, you being exclusive owner to that property can sell it.
ABDUL RAZIQUE
(Expert) 10 October 2013
Absolutely right state R.K. Makkad Sir,
Rajendra K Goyal
(Expert) 10 October 2013
Agree with expert raj kumar makkad ji.
Raju kumar
(Querist) 11 October 2013
Do i have the right to pledge or rent that property
ajay sethi
(Expert) 11 October 2013
it is necessary to go through the will executed by your father . if you have life interest in property then you cannot sell or mortgage the same . consult a local lawyer
Guest
(Expert) 11 October 2013
Mr. Raja,
As per sec. 82 of the Indian Succession Act, "The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other."
So, the reply to your queries may not be appropriate as per your own interpretation. The whole of the will would need to be studied and analysed to interpret that properly before arriving at the solution to your problem.
With reference to your own limited statement of facts and in the absence of the complete version of the will, two different/contradictory assumptions can be made, e.g., (1) leaving aside your brother's son (coming in to picture only after your demise), you have the absolute right to use or dispose of the property during your life time; and contradictory to that (2) you have the right to use the property for any of your purpose, but will have to leave the property for the use of your brother's son after your death.
In the first case, claim of your brother's son would get automatically extinguished if you sell the property after the death of your father. In the other case, you can be considered to be having no right to sell the property, but will have to leave the property for the use and disposal of your brother's son. However, during your life time your brother's son cannot have any right to sell, pledge or lease the property.
So, to get the right answer to your queries, you should either reproduce the extract of the whole of the will here for examination of the experts or should personally contact some expert to make him examine and analyse the will and suggest you with some proper solution to your queries.
ABDUL RAZIQUE
(Expert) 11 October 2013
WELL fully describe by PS Dhingra Sir, NOTHING MORE FOR ADVICE after this.
Raju kumar
(Querist) 14 November 2013
Sir, the will is in tamil language stating " yen ilaya magan rajapandian inda sothinai sudandiramai virgirayam seiavum aandu anubavikalam, avan kaalatirku piragu yenudaya peran inda sothinai sudandiramai virgirayam seiyavum aandu anubavikalam" what it mean sir.
Raju kumar
(Querist) 14 November 2013
Sir, the will is in tamil language stating " yen ilaya magan rajapandian inda sothinai sudandiramai virgirayam seiavum aandu anubavikalam, avan kaalatirku piragu yenudaya peran inda sothinai sudandiramai virgirayam seiyavum aandu anubavikalam" what it mean sir.
ABDUL RAZIQUE
(Expert) 16 November 2013
Consult local lawyer or translation department.
ABDUL RAZIQUE
(Expert) 16 November 2013
Consult local lawyer or translation department.
Anirudh
(Expert) 16 November 2013
As rightly pointed out by Ms. Nirmala Rao, you do not have right to sell the property.
Raju kumar
(Querist) 15 April 2014
What is in that will is "yenadu aayuluku pin enadu moondravadu magan rajapandian mer kanda sothinai adaindu, sarva sudandira paathiyamayum, taanadi viniyoga virgirayangaluku yogiyamaiyum aandu anubavithu
Avan kalatirku pin enadu peran jeganathan sarva sudandira paathiya maayum, taanadi viniyoga virgriyangaluku yogiyamayum aandu anubavithu"
What it mean sir? Can i have right to pledge or rent or sell that property according to that will..
Raju kumar
(Querist) 15 April 2014
What is in that will is "yenadu aayuluku pin enadu moondravadu magan rajapandian mer kanda sothinai adaindu, sarva sudandira paathiyamayum, taanadi viniyoga virgirayangaluku yogiyamaiyum aandu anubavithu
Avan kalatirku pin enadu peran jeganathan sarva sudandira paathiya maayum, taanadi viniyoga virgriyangaluku yogiyamayum aandu anubavithu"
What it mean sir? Can i have right to pledge or rent or sell that property according to that will..
ABDUL RAZIQUE
(Expert) 16 April 2014
consult translation department or local lawyer
