Inheritance
nalini bhagavatula
(Querist) 21 February 2014
This query is : Resolved
Mr X has written a will bequeathing his house to his three grandsons after the death of his wife and his daughter.He ha not given righ to sell ,to both his wife and daughter. I the grandsons want to sell the property whihch is mutated in their names, is the legal heir certificate required for them. Some of the buyers are insisting for this. plese clarify
ajay sethi
(Expert) 21 February 2014
you need probate of will . if no executor appointed then letters of administration
Rajendra K Goyal
(Expert) 21 February 2014
Whether wife and daughter are alive?
Property can be mutated in the name of grandsons after wife and daughter and can be sold by any of grandsons only after mother and daughter.
Meanwhile get the will probated.
P. Venu
(Expert) 22 February 2014
Is the will valid? The property is bound up for two generations.
Anirudh
(Expert) 22 February 2014
As I understand, the property will pass on to the Grandsons only after the demise of your grand mother and mother. NOT BEFORE THAT. The property cannot be sold by anybody during the life time of your grand mother and mother.
WHEN THE PROPERTY CANNOT AT ALL BE SOLD AS PER THE WILL, WHERE IS THE QUESTION OF THERE BEING ANY BUYERS NOW? And where is the question of "Some of the buyers are insisting for this."?
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
First of all the Will has to be probated, then while acting upon the Will, the life interest in the estates to the wife and daughter of the testator to be protected as per the Will condition, then only the inheritance and mutation subjects will arise. Therefore during the life time of your grandmother and your mother, the question of not only selling the property,even the mutation also will not arise, because the life interest of the survivors will be defeated on such acts which is illegal and invalid in law.
R.V.RAO
(Expert) 23 February 2014
the name of queriest- Nalini does not appear as male/grand son.
while wife and daughter of testator (are alive and) have life interest ,grandsons cannot sell property.
probating will issue does not arise.
Dr J C Vashista
(Expert) 23 February 2014
Dear Nalini,
Did you get ownership rights devolved upon you? In the given circumstances it is big NO. In that eventuality,how can you sell property belonging to/Owned by some other person?
