Selling inherited property
anita
(Querist) 08 April 2015
This query is : Resolved
Dear Sir,
My father willed his property to my brother. Would he need No Objection Certificate from us, his siblings if he wants to sell the property.
Thanks
Anita
alexander
(Expert) 09 April 2015
Father's property was self acquired or was it ancestral property?. Besides the mother how many siblings are in the family,i.e how many brothers and sisters are you. Any specific reason for your father to will his entire immovable property to your brother. Are you satisfied that the will is genuine and that your late father was possesed of a disposing mind and was in good health when he wrote the will, Was there any possibility of someone exercising some pressure or undue influence.
Has the property has been now registered in your brother's name Is the Will Registered
In which part of the country are you residing.
If no conveyance deed has been obtained by your brother and if the probate of the Will has not been done then the willingness of other legal heirs may have to be taken before the Registration of the property can be done
Pl Consult your advocate also
Alexander
nom de plume
Rajendra K Goyal
(Expert) 09 April 2015
If the property has been transferred in the name of the bequeathed person on the basis of will, will has not been challenged by any of the legal heir or will has been probated, no need to get NOC from brothers.
anita
(Querist) 09 April 2015
Dear Mr Alexander and Mr Goyal,
Thanks for your replies.
Property was self acquired. Was willed to brother as he is the only male descendant. Mother has also passed away.
Will has been registered but property not transferred as yet. Is it possible to have a separate agreement before transferring that house can only be sold with consent of all the legal heirs.
Thanks
Anita
M/s. Y-not legal services
(Expert) 11 April 2015
WILL shall be valid after your father's demise only. WILL can altered at anytime in his life time.
so if your father willing to act as per your wish mean it can be altered.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
If the Will has come into force upon the demise of the testator, the testator had valid title to the properties bequeathed in the Will, there is no need for the beneficiary to take NOC from other legal heirs or siblings to acquire and dispose the property as per his wish.
anita
(Querist) 12 April 2015
Thanks for you replies Mr. Thangapandhian and Mr. Kalaiselvan. My father has expired.
The Registered will is in my brothers name. There is another subsequent will which was not registered in which a portion of the house has been willed to the other siblings.
Can we transfer house based on the Registered will and have a separate legal agreement with the beneficiary with the terms in the secound will. Will this legal agreement be valid.
Thanks
Anita
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Though the recital may say something in the Will about the benefits, if there is another arrangement and the beneficiaries would like to settle things by mutual arrangement/agreement and draw the conditions as well as the settlement deed, it is valid once it it is registered, provided the settlement agreement should be within the agreed terms.
