Will rights...!
Naveen Kanth Dasari
(Querist) 12 April 2016
This query is : Resolved
Hello Experts,
My query is regarding Execution of WILL.
The facts are:
My Maternal Grandmother Owns a Residential House and at present we reside in it and at present my Grandmother died and before her death she has executed a WILL bequeathing it in favour of my son and she has also stated in the WILL that the Residential House shall be bequeath to my son and I & my own mother can only have the right to enjoy the property but we cannot sell.
Now the point is my son is 5 yrs Old and we want to sell the house as the locality is not good for his up bringing, but the problem is as my Maternal Grandmother has executed a WILL bequeathing the property on my son's name I am unable to sell, because after selling the property I can only buy a new house with that money. So can i sell the property as a Guardian. Plz suggest me.
Note: My Maternal Grandmother has only one daughter and that is my mother, and my mother is alive.
Thank You.
Rajendra K Goyal
(Expert) 12 April 2016
Property is bequeathed in the name of your minor son with condition that you or your mother can not sell it.
From the facts it appears that there exist no restriction to sell it by your son. Try to obtain permission from court to sell the property of minor.
Devajyoti Barman
(Expert) 12 April 2016
Yes, with the permission of the curt you can sell the property.
SALE OF A MINOR WITHOUT PERMISSION OF COURT IS A VOIDABLE AGREEMENT.
Kumar Doab
(Expert) 12 April 2016
Agreed with experts.
