will provisions

Querist : Anonymous (Querist) 17 January 2011 This query is : Resolved
I inherited a piece of my mother’s landed property when she died 3 years ago as one of the 4 shares between we 3 brothers and a sister. One clause in the will states that a beneficiary who wants to sell his share to somebody outside the family could do so only if no other member is willing to buy it at a reasonable market price or due to any other difficulties. I am trying to sell the property to someone other than the other beneficiaries. We didn’t have a probate, but each person’s share is well defined and I am selling on that basis. I would like to know what problem could cause due to the above said clause or if it cannot be ignored, what is the remedy? We belong to a Hindu Nair family of Kerala. Would prfer a lawyer from Kerala. Thank you.

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adv. rajeev ( rajoo ) (Expert) 17 January 2011
When there is a condition in the will and if you violates that condition other sharers may create problem, they may obstruct from selling to third person other than the family member.

Guest (Expert) 17 January 2011
Though you have given with specific share, in order to sell the property the other brothers has to sign the sale deed to third parties at the time for the purpose of fulfilling the will clause. In Kerala there are local customs relates to will prevails. So consult a local lawyer. search and post in kerala forum in this LCI

abhishek (Expert) 17 January 2011
the right of preemption also states about the said condition. If you want to sell it first give a written notice about your willing to sell the property to all your siblings and if they deny or not give any reply you can sell it. If they challenge the sale you have evidence about the information given to them about your willing to sell the property.

Uma parameswaran (Expert) 17 January 2011
Move as per the deed. if they refuse to give existing market price then you can do as per your wish.

V.Mahadevan (Expert) 17 January 2011
The legacy in the instant case is subject to onerous condition. Failure to honour the onerous condition and resort to any unilateral action i.e. sale on the part of the querist may lead to the other beneficiaries initiating legal proceedings against him and the prospective buyer too.

Querist : Anonymous (Querist) 17 January 2011
We all 4 members are in the process of giving our consent to each other of no objection to sell the property to anyone of our choice written on a plain paper and signed by each and each would get the other 3 member's signed consent. Is this enough to satisfy the claus in the will? Thanks for your responses,

Querist : Anonymous (Querist) 18 January 2011
We all 4 members are in the process of giving our consent to each other of no objection to sell the property to anyone of our choice written on a plain paper and signed by each and each would get the other 3 member's signed consent. Is this enough to satisfy the claus in the will? Thanks for your responses,

R.Ramachandran (Expert) 18 January 2011
Yes. That should suffice, especially when all of you are going to sell to third party(ies.)

Querist : Anonymous (Querist) 18 January 2011
Thank you very much.

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