Will and sale
Siyam
(Querist) 13 September 2015
This query is : Resolved
Hi All,
Here's the query. 3 years back my grandmother claimed ancestors property using Legal HeirShip certificate. After claiming the property, she wrote a will for her 2 sons and 1 daughter.The will is written in such a way that, her son/daughter cannot sell the property till her death. After which, it shall go to settlement. Is there any way to settle the property to their grandchildren?
Anirudh
(Expert) 13 September 2015
Please indicate whether your mother is alive now?
K.S.Srinivas
(Expert) 13 September 2015
Your grandmother is alive or not.
Siyam
(Querist) 13 September 2015
She is alive.
Kumar Doab
(Expert) 13 September 2015
The Grandmother is alive or Mother is alive or both are alive!
Anirudh
(Expert) 13 September 2015
In fact I wanted to ask whether your grandmother (not your mother) is alive. Please confirm.
Siyam
(Querist) 13 September 2015
Grandmother is alove
Anirudh
(Expert) 13 September 2015
The WILL written by your grandmother will take effect only after her demise.
Therefore, you cannot do anything when she is alive.
prabhakar singh
(Expert) 13 September 2015
YOUR GRANDMOTHER WHO IS ALIVE CAN REVOKE THE
WILL AND CAN WRITE A FRESH ONE CALLED CODICIL IN MANNER DESIRED PROVIDED SHE AGREES FREELY FOR THAT.
Kumar Doab
(Expert) 13 September 2015
The grandmother is alive and by her free WILL................if she wishes to cancel she alone can cancel the WILL............
Siyam
(Querist) 13 September 2015
When she writes codicial, shall the property can be transferred to my name for bank purposes?
Kumar Doab
(Expert) 13 September 2015
Shall the bank agree to it?
Have you inquired with bank?
It is entirely upto the lender to advance monies to borrower.
However there are rules in the Banks and Bank shall ensure to have full charge on the property against which it shall advance the loan!
It has already been clarified that will shall come into effect after the death!
The grandmother wants to defend her interest till she is alive.
If she is satisfied that her interest is secure and her children shall take good care of her till her last breath she may think!
She has been fare in WILL written by her.
The elders take very wise decisions.
prabhakar singh
(Expert) 13 September 2015
NO! NEVER TILL SHE IS ALIVE.
IF THAT IS THE INTENTION THEN IF SHE IS COMFORTABLE WITH HER FREE CONSENT, SHE SHOULD WRITE A REGISTERED GIFT DEED AS THAT WOULD MAKE YOU OWNER IN HER LIFETIME AND NO CODICIL OR REVOCATION REQUIRED THEN, ONLY A REGISTERED GIFT DEED IS REQUIRED.
Siyam
(Querist) 13 September 2015
if registered gift deed is a solution, can that property is divided into 4 equal shares for grandsons? If yes, will each of them get registered gift deed?
K.S.Srinivas
(Expert) 13 September 2015
Yes. It can be done.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 September 2015
Will is for settlement among all heirs it will be distributed accordingly
Rajendra K Goyal
(Expert) 14 September 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Will-and-sale-559986.asp#.VfZmSnCqqko
Kumar Doab
(Expert) 14 September 2015
What is the need to repeat.
So many comprehensive replies are given by experts.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
The author is stretching teh thread too far with many alternative question contradicting each other, therefore it appears to be an academic query.
