Validity of contents in will
panna lal nawalkha
(Querist) 21 August 2012
This query is : Resolved
my brother willed his house among his two sons and one grandson( son of deceased son)with respective portions differently colored and common usable areas cross-lined. In the will he has specifically mentioned that ownership transfer /gift can only be done among themselves and no one will let out their portion to outsider. MAY I KNOW THE VALIDITY OF THIS RESTRICTION.ONCE PORTION OF SHARE IS WILLED FOR OWNERSHIP,CAN SUBSEQUENT POWERS BE RESTRICTED BY DECEASED THROUGH WILL.? grandson (s/o deceased son) wants to sell his portion .Can he do so.?
Raj Kumar Makkad
(Expert) 21 August 2012
The will made by your brother is conditional so there is no freedom with his sons to violate the terms and conditions during their life time but subsequent heirs are not bound by this term as nothing has specifically been mentioned therein.
Y V Vishweshwar Rao
(Expert) 21 August 2012
I agree with MR R K Makakd - Transfer in between the brothers is permitted , but not to third parties/Tenants , the intention is only to enjoy the property by themselves, if not, to transfer the same to his brothers to keep the Home situations in tact and comfortable to other brothers and their family members,it appears the property conveniently, can not be enjoyed by other brothers with third parties tenants in a portion of house , it appears that, for that reason the condition is incorporated in the Will Deed
