Validity of contents in will
panna lal nawalkha
(Querist) 21 August 2012
This query is : Resolved
OWNERSHIP RIGHTS WILLED AMONG THREE SONS IN BUNGALOW BY MY BROTHER.IN THE WILL HE HAD MENTIONED THAT ANY OF THE SON CAN NOT SELL THEIR PORTION TO OUTSIDER AND ALSO CAN NOT RENT IT OUT. MAY I KNOW THE VALIDITY OF THESE CONTENTS.ONCE OWNERSHIP IS WILLED,THE USE AND ETC OF OWNED PORTION SHOULD BE GUIDED BY OWNERSHIP ACT RATHER THAN THESE CHECKS IN THE WILL.
ajay sethi
(Expert) 21 August 2012
need to see the clauses in will to advise
Adv.R.P.Chugh
(Expert) 21 August 2012
1. Such condition is valid as it creates a pre-emptory right in other sons. I am sure the construction of will would be such that all sons could together sell but one or two of them cannot to the detriment of the third introduce a stranger into the property.
2. This right would have been available to the other legal heirs if one of them sold to 3rd party - he/she would not have been able to enjoy joint possession but could only seek partition - in which suit - the continuing sons could buy him off. This is the effect of S.44 TPA/4 Partition Act.
Sudhir Kumar, Advocate
(Expert) 22 August 2012
It is the person making will who will decide the extent of ownership being transferred.
