Mutation and selling right
Kalyan Ghosh
(Querist) 26 October 2015
This query is : Resolved
My father in law has recently breathed his last leaving a will.In the will he has marked one floor each to his 3 sons for his G+2 building.By virtue of the possession of the will one sons wants immediate mutation frm the Municipal Authorities for the floor allowed in his favour.But other 2 sons are in favour of a Joint Mutation of the total building as a whole.Ther are apprehensive that if the individual floor mutation is done ,he may immediately sell his part and move elsewhere.As the will clearly demarcates the floors allotted to individual son concerned,whether joint mutation is possible particularly in view of the fact that the particular son may object to joint mutation.
I have not seen the will.But if the father has mentioned that the flats cannot be sold is it legally valid?
OBVIOUSLY FIRST WE HAVE TO GET THE PROBATE WITHOUT WHICH NO TRANSFER/MUTATION/SELL OF PROPERTY IS POSSIBLE
After Probate is obtained,PLEASE MENTION ABOUT THE TWO POINTS
A )WHETHER JOINT MUTATION CAN BE OPPOSED BY ONE SON
B ) IF THE FATHER IN HIS WILL HAS NOT GIVEN SELLING RIGHTS TO HIS SONS,WHETHER THIS IS VALID AFTER HIS DEATH?
Please help.With thanks.
niranjan
(Expert) 26 October 2015
If the Will is not done in Bombay,Madras or Calcutta,probate is not necessary. For joint or individual transfer,it depends on wordings of the Will. There cannot be conditional bequeth that property given cannot be sold,but it can be said that priority should be sold firstly to one of family members.
P. Venu
(Expert) 27 October 2015
The answer to the query depends upon the will of the testator as manifested by the words therein.
Rajendra K Goyal
(Expert) 27 October 2015
The terms of the will need to be referred. Probate is not necessary except some cities.
K.S.Srinivas
(Expert) 29 October 2015
Everything is based on the terms and conditions of the will.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
You have stated that you have not seen the Will but presume or imagine the contents to what you have sated here.
Well, first go through the contents of the will and then come back with your query
Sudhir Kumar, Advocate
(Expert) 27 October 2015
