To know whether i can have right to sell my fathers property.
Raju kumar
(Querist) 15 April 2014
This query is : Resolved
My father has 3 houses, among that 3 houses, my father wrote a will for 1 house in my name and my brothers son name.. The will is in tamil language as " yenadu aayuluku pin merkanda sothukalai enadu moodravadu magan rajapandian adaindu, sarva sudandira paathiyamayum taanadi viniyoga virgriyangaluku yogiyamayum aandu anubavithu, avan kalatirku piragu enadu irandavadu magan balu vali peran jagan adaindu kondu, sarva sudandira paatiyamayum, taanadi viniyoga virgriyangaluku yogiyamayum aandu anubavithu"
1) sir do i have right to rent or pledge or sell the property according to that will?
2). Do my brother son has right to sell that property when i am alive?
3). suppose if i want to sell that property means shud i hav to get permission from my brothers son.
P. Venu
(Expert) 16 April 2014
Will takes effect only after the lifetime of the testator. You have not mentioned whether your father is alive or otherwise.
Rajendra K Goyal
(Expert) 16 April 2014
If your father is not alive, get the property mutated as per provisions of will. Better get the will probated.
ajay sethi
(Expert) 16 April 2014
apply for probate of will . get property mutated in your name and that of nephew as per the will . then you and your nephew can sell the property .
Raju kumar
(Querist) 16 April 2014
My father is nt alive, nw i want money for my medical expenses, as i am a complete spinal cord injured paraplegic.. Nw can i rent or have right to pledge that property?. If i want to pledge that property means, do i want to get permission from my brother's son(jagan).?
Anirudh
(Expert) 16 April 2014
Dear Mr. Raj Pandian,
I understand and appreciate your position and concern.
But, the WILL does not favour you to sell the property. Ofcourse, you can definitely rent it out. But I know, that rental income cannot meet with your requirement for operation.
You should also realise that even when you try to pledge the property the mortgagee would be wary to about the transaction, because of the conditions contained in the WILL.
Your brother's son (jagan) to whom the property has to pass on after your life time, may object as he would be forced to redeem the pledged property by paying huge sum in the form of principal + interest.
Having said the above, in case any of the buyers / mortgageee come forward to either buy or have the property pledged with them (after looking into and satisfying the contents of the WILL) then you can go ahead and do the deal and utilise the amount at the earliest. In that case it is they who take the risk, and not you. All that you want now is the money. In the given circumstances of desparation like this there is no other go and therefore, if somebody comes forward either to buy or to have the property mortgaged, you do it and get along. Whatever problem that may come afterwards has to be tackled.
Raju kumar
(Querist) 16 April 2014
Thanks anirudh sir.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
Properly opined and advised by expert Mr. Anirudh. Yes, you have life time interest in the property,but you cannot sell or mortgage the property because you have only life interest in thee property, the property, as per Will, will automatically devolve upon your nephew's name after your departure from this mortal world. Even your nephew ha no right to sell or mortgage the property during your life time.
R.V.RAO
(Expert) 17 April 2014
agree with sri Anirudh ji and thiru kalaiselvan ji.
Advocate. Arunagiri
(Expert) 17 April 2014
As per the contents of the WILL, You have no right to sell the property. If you have no right to sell the property, you have no right to mortgage the property also.
As per the will you can enjoy the property during your life span.
P. Venu
(Expert) 17 April 2014
A highly engaging query. I shall be if any of the experts, who know Tamil, would be kind enough to provide English translation.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
To expert Mr. Venu: The translation of the Tamil contents is: The above property will be inherited by my third son Rajapandian after my demise and he will be having rights to enjoy the property till his life time and after his life time the property will be inherited by Jagan, the grandson of my second son Balu who upon inheritance shall have rights to enjoy and dispose the property as per his wish.
P. Venu
(Expert) 17 April 2014
Thanks, Mr.Kalaiselvan.
Guest
(Expert) 18 April 2014
The Translated Version of Mr.TKS it self is the reply to your query.
Raju kumar
(Querist) 22 October 2014
in tamil it is as" மேலே குறிபிடபட்ட சொத்து என் ஆயுளுக்கு பின் என் இளைய மகன் ராஜபாண்டியன் தன் வச படுத்தி சர்வ சுதந்திர பாதியமாயும் தானாதி வினியோக விற்கிறையங்களுக்கு யோகியமாயும் ஆண்டு அனுபவித்து..
அவன் காலத்திற்கு பின்னாலென் இரண்டாவது மகன் பால்பாண்டி மகன் ஜெகன் அடைந்து சர்வ சுதந்திர பாதியமாயும் தானாதி வினியோக விற்கிறையங்களுக்கு யோகியமாயும் ஆண்டு அனுபவித்து..
do i have right to sell the property..
Guest
(Expert) 22 October 2014
Dear Author,The Actual Meaning is Mr. Rajapandian Has got the Right to Sell as well as to Enjoy the Property During his Life Time.In case the Property is not Sold during his Life Time Only Mr.Jagan the Son of Mr.Pal Pondy brother of Mr.Rajapandian would possess the entire Right Over the Same.
Raju kumar
(Querist) 23 October 2014
tnx raj kumar sir, tnx a lot..
Guest
(Expert) 23 October 2014
Welcome and all the best.
