will
allurisivajiraju
(Querist) 05 February 2010
This query is : Resolved
Respected Seniors,
One widow “X” made a will in favaour of her daughter “Y” with regarding to vacant site of an Extent 5 Cents, there in she put a condition that there is no salable interest to her daughter “Y” only she has to enjoy the said property till her life later on the said property goes to 3 sons of the daughter “Y” ( i.e. grand sons of the widow “X”) with absolute rights. Later on widow “X” died. Now the said Property is in possession of the said daughter “Y”.
Now the said daughter ‘ Y ‘ and her 3 sons are jointly willing to sale the said property.
My querry is there is no right to sale of the said property to daughter “ Y ” till her life according to the condition on will. Remaining 3 sons of the daughter “Y” will get the right to sale of the said property after the death of the daughter “Y” according to will.
In the above circumstances daughter “Y” and her 3 sons can sell the said property or not. Legally it is valid or not.
Thanking you in advance.
A V Vishal
(Expert) 05 February 2010
No one has clear title in the instant case. It will be a defective sale as any one of the parties can go back on the contract and such a transaction is bound to create unnecessary legal hassles.
B K Raghavendra Rao
(Expert) 05 February 2010
So long as Y is alive,she has right to enjoy the property but right to sell is not granted. Her sons get the right over the property only after the death of their mother Y. Now, Y does not have marketable title and her sons do not have any title at all. Any sale deed executed now would be defective and title does not pass on.
If the present and future beneficiaries decide to sell, who else can question them.
N RAMESH.
(Expert) 05 February 2010
//Now the said daughter ‘ Y ‘ and her 3 sons are jointly willing to sale the said property.//
Yes. Its valid. Both rights merge together and they can convey their rights.
A V Vishal
(Expert) 05 February 2010
Dear Ramesh Sir
Will it not breach the terms of the will in case of the above situation narrated since both don't hold rights and pass only a title which may be contested in future by any party.
B K Raghavendra Rao
(Expert) 06 February 2010
Mr. Ramesh, Y has no right to sell. How can she execute the sale deed? 3 sons do not get selling right as long as Y is alive. How can they execute sale deed? Legally speaking, they cannot execute sale deed. If executed it is bad in law.
However, since there cannot be a questioning authority, they may venture to execute the sale deed taking risks attached to it. But, legally they cannot do it.
