Selling right
Bablu Ghosh
(Querist) 08 July 2013
This query is : Resolved
I have a friend who has got 2 sons.The friend has got a two storied building.As he is old he wants to make a registered will(deed)giving a floor(flat)each to his two sons.He wants to make it clear in the will(deed)that the sons will be legal owner of the respective floor(flat) only after his demise AND THE SONS WILL NOT HAVE ANY SELLING POWER TO SELL THEIR RESPECTIVE FLAT EVEN AFTERWARDS,as the Family Deity is established in the building.
My friend came to me for a suggestion and I have the following doubts
A)Although it will be written in the deed that the sons will not have selling power,WHETHER IT IS LEGALLY FEASIBLE,because the father will be no more and the sons are legal heirs.
B)Although it will be written in the deed that the sons will not have selling power,interested buyers will bargain over this point to buy the. flat at a less price
C)As the both the sons will be aware of the contents of the will WHETHER THE OTHER SON CAN LEGALLY PREVENT his willing brother to sell the flat
D)Lastly for extreme financial constraints one son may be forced to sell his flat(situated at a posh locality)and in that case whether the other son can prevent his brother
Devajyoti Barman
(Expert) 08 July 2013
1. The contents of Will comes into force after death of the testator only.
2. The clause shall have no effect after the death of the testator if the sons decide to sell the property.
3. The other sons or executor of Will can however restrain the beneficiaries from breaching the terms of the Will.
4. The clause of hardship would make the particular son exclusive right the sell the flat and other son could nothing to prevent it.
Raj Kumar Makkad
(Expert) 09 July 2013
I slightly differ with the opinion as expressed above. The will is legal in case the desired contents are inserted there and if the terms of the will are violated aftr the demise of your friend by any of his sons, the other concerned persons can legally make objections thereto through legal recourse.
The will shall prevail in all situations. First be ensure that the property is self acquired of your friend otherwise law is different.
